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(영문) 서울남부지방법원 2020.11.26 2019가단246898
권리금
Text

1. The defendant's KRW 47,100,000 for the plaintiff and 5% per annum from October 7, 2020 to November 26, 2020 for the plaintiff.

Reasons

1. Basic facts

A. On September 15, 2014, the Plaintiff concluded a lease agreement with the Defendant to lease deposit money of KRW 25,00,000,000, monthly rent of KRW 2,750,000, and KRW 25,000,00 from September 15, 2014 to September 14, 2016, and paid the Defendant deposit deposit money of KRW 25,00,00,00.

On September 2017, the Plaintiff entered into a lease agreement with the Defendant (around September 2017, 201; hereinafter referred to as “instant lease agreement”) with the content that the lease term is changed from September 15, 2017 to September 14, 2018 (Evidence 1; hereinafter referred to as “No. 2”).

B. After entering into the instant lease agreement, the Plaintiff operated the “D” car page at the instant store.

The Plaintiff was granted the authority to use the said trade name from E Co., Ltd., a domestic licensee of D’s trade name (hereinafter “Nonindicted Co., Ltd.”). On September 30, 2018, Nonparty Co. lost the domestic authority to use the said trade name (i.e., the Plaintiff became unable to use the said trade name). On April 19, 2019, Nonparty Co. replaced the instant store’s “D” signboard with F with the Plaintiff’s approval.

C. On April 23, 2019, the Defendant replaced the signboard of the instant store by content-certified mail without notifying the Defendant in advance. Article 3(3) of the instant lease agreement provides that “The Plaintiff may not arbitrarily alter or remove the structure within the instant store or install a new structure or structure as an additional facility without obtaining the Defendant’s prior approval.” Article 12 Subparag. 3 of the instant lease agreement provides that “The Plaintiff shall not use the entrance, outer wall, glass, painting, color, trade name, signboard, or any other construction work for the instant store by no later than 15 days prior to the scheduled date of construction.”

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