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(영문) 서울중앙지방법원 2016.11.17 2015가합543028
손해배상 및 권리금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

(c) Business category: Resting restaurants of 9 square meters (including shared areas): and

2.Article 1 of the terms and conditions of the contract will pay to the transferor, in return for a transfer by assignment of business rights to the above company, such amount as follows:

The total operating premium of KRW 235 million shall be paid at the time of the contract ( January 25, 2014). The intermediate payment of KRW 70 million shall be paid in February 7, 2014, and the remainder KRW 135 million shall be paid in February 28, 2014.

The above amount is the contract on goodwill or premium in Article 4, except for the rental deposit, and the goodwill means all intangible property values, such as business facilities, fixtures, etc. and business partners, credit, customer security, business know-how and store location.

3. The terms and conditions of the lease contract for the items to be transferred or taken over at least 50 million won, the management fee of KRW 11 million for the monthly rent of KRW 1,50,000 (excluding surtax), 1.5 million for the lease contract period from February 18, 2013 to January 31, 2015 ******** details of the lease 1) the transferee confirms the contents of the sub-lease contract. 2) the rent shall be KRW 11 million for the monthly rent (excluding surtax) and the monthly sales shall be KRW 21 (excluding surtax) for the monthly sales at least KRW 60,000 (excluding surtax).

Article 2 The lease period between the lessor and the transferee shall be the remainder of the lease contract, and if the rent is increased, the transferor shall be paid or liable during the contract period.

(If rent is reduced, both parties shall implement this contract without any condition: Provided, That if the period of the lease is the remainder, the remaining period means the remainder of the period leased by the transferor.

◎ 특약사항 : (상기 내용과 중복되는 경우 특약사항을 우선한다.) 대리인 인적사항 성명 : B(피고) 명의자와의 관계 : 동업자의 가족 양수인은 양도인의 매장운영 잔여기간을 승계하기로 하며, 추후 ◀미셸푸드 MD구성(매장 층별배치도 재구성), 매출감소, 부실관리, 임대인측의...

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