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(영문) 대전지방법원 2017.06.28 2016가합2004
보증금반환
Text

1. The plaintiff's primary defendant and the conjunctive defendant are all dismissed.

2. The costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff engaged in the photographing business with the trade name “E” in Daejeon PY-gu, Daejeon, and F was engaged in the wedding hall, the 5 and 6th floor of the G building in Seongbuk-gu, Sungnam-si, in the name of “H” (hereinafter “instant wedding business”); and its place “the instant wedding hall”).

B. On January 8, 2016, the Plaintiff concluded a wedding lease agreement with F to the effect that “F leases the Plaintiff with the right of goodwill related to the H funeral hall’s photograph.”

2. The Plaintiff deposits 400,000,000 won with the F’s deposit deposit (hereinafter omitted).

3.F shall pay to the Plaintiff the following photographic value:

These forms and liner liners: 600,000 won per day (excluding surtax), twelves, and twelves: 100% of the additional amount generated (including weddings): 200,000 won per case.

6. The term of this lease contract shall be from January 8, 2016 to January 7, 2018.

C. The Plaintiff paid F a deposit of KRW 400,000,000 to F in accordance with the above rental contract.

F has not returned only 15,00,000 won out of the above deposit to the Plaintiff until the date of closing the argument, and did not refund the remaining KRW 385,00,000 (hereinafter “instant deposit”).

On July 31, 2016, F entered into a business license acquisition agreement with Defendant C, stating that “The Defendant C receives premium of KRW 1,300,000,000,000 from Defendant C, and the Defendant C cooperates in transferring the type of property related to the instant wedding business and succeeding to the lessee’s status of the instant wedding hall” (hereinafter “instant first acquisition agreement”).

[Matters of Special Agreement]

2. The lessee is obligated to notify the obligee of the fact of the transfer of the lessee F’s business in the name of the lessee’s liabilities or the contractor’s deposits, and the lessee is obliged to notify the obligee of the fact.

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