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(영문) 서울고등법원 2015.12.09 2015나27585
권리금반환 등
Text

1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiff (Counterclaim Defendant) in total.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. (1) On May 11, 2012, the Plaintiff entered into a lease agreement with the Defendant, setting the instant store from the Defendant to KRW 100 million, KRW 4.4 million per month, and the period from June 10, 2012 to June 9, 2014 (hereinafter “instant lease agreement”).

(2) The premium agreement of this case (hereinafter “the premium agreement of this case”) with the following contents:

(3) Of the remainder of premium, 10 million won is paid to the Defendant as deposit KRW 160 million under the instant lease agreement and KRW 160 million in total, KRW 60 million in total, and KRW 180 million in total: payment on May 31, 2012; and KRW 180 million in remainder: payment on June 10, 2012; and KRW 100,000 in the instant pharmacy; and KRW 100,000 in total; and KRW 60,000 in the instant lease agreement; and KRW 100,000 in the instant pharmacy; and KRW 10,000 in the instant pharmacy.

B. On October 9, 2012, the Plaintiff continued to possess the instant store with the payment of only the rent for up to October 1, 2012 to the Defendant (However, the Plaintiff closed his/her pharmacy business on October 31, 2013 and did not operate his/her pharmacy from that time.

(2) On May 27, 2014, the Defendant sent to the Plaintiff a content-certified mail containing the content-certified mail stating that “When the term of the lease expires, the instant store is ordered to be ordered to be ordered,” and around June 2014, the Defendant sent a content-certified mail stating that “the instant lease contract shall be terminated on the grounds of overdue rent for more than two different periods.” Meanwhile, on August 14, 2014, the Defendant filed a lawsuit demanding the Plaintiff to demand the name of the instant store on the grounds of the termination, etc. of the instant lease.

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