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(영문) 서울중앙지방법원 2013.12.12 2012가합101560
권리금등 반환
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

Basic Facts

Plaintiff

A and C entered into a contract on November 27, 2006 with the Defendants to lease the first and second floors (hereinafter “instant store”) of the Gangnam-gu Seoul Metropolitan Government G Ground Building (hereinafter “instant building”) for restaurant use as KRW 300 million, the lease deposit amount for 24 months from November 27, 2006 to November 26, 2008, the lease deposit amount for 20 million from November 27, 2006 to KRW 16 million (including value-added tax; hereinafter the same shall apply) and the management fee for the rent for 9 million monthly (hereinafter “the lease contract for 2006”). At that time, each of the Defendants paid the lease deposit amount for KRW 30 million and the premium for goodwill 200 million (hereinafter “the instant premium”).

Plaintiff

A and B changed the Plaintiff C to Plaintiff B among the lessees on November 27, 2008, and the lease term from November 27, 2008 to November 26, 2009, and entered into a contract to set the same conditions as the lease contract in 2006 (hereinafter “2008 lease contract”) with the Defendants, and entered into a contract to change the lease term from November 27, 2009 to November 26, 2010 to November 26, 2010 (hereinafter “209 lease contract”).

Plaintiff

A and B, around November 17, 201, where the lease agreement was renewed and maintained in 2009, the term "the lease agreement of this case between the Defendants" is "the lease agreement of this case between the Defendants by setting the lease deposit of KRW 300 million, the lease deposit of KRW 12 months, the rent of KRW 25 million from December 1, 201 to November 30, 201, and the management fee of KRW 10 million from November 30, 201."

A) Around October 23, 2012, the Defendants sent the instant lease agreement to Plaintiff A and B on November 30, 2012, with content-certified mail to the effect that it had no intent to renew the contract. [The Defendants sent the instant lease agreement to Plaintiff A and B on November 30, 2012, with the content-certified mail to the effect that it had no intent to renew the contract.]

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