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(영문) 대구고등법원 2017.11.10 2016나1008
권리금반환
Text

1. The part of the judgment of the first instance against the defendant shall be revoked.

2. The plaintiff's claim corresponding to the above revocation part.

Reasons

1. Basic facts

A. On January 29, 2014, the Defendant leased the 213.75 square meters of the 2nd floor among the 3rd floor buildings on the 2nd floor D, Sinsi-si, Seoul, by setting the rental deposit of KRW 10 million, monthly rent of KRW 1.3 million, monthly rent of KRW 1.3 million, and the rental period of February 28, 2019.

The snow ice Co., Ltd. (hereinafter “Nice ice”) is a franchisor that runs a franchise business using the trademark “Nice” from October 2013 to December 31, 2014. As of December 31, 2014, the annual sales amount of at least KRW 912,886,617, the number of franchisees is subject to the Fair Transactions in Franchise Business Act (hereinafter “Franchis Business Act”).

On March 2014, the Defendant entered into a franchise business contract with the snow ice shop, and was the franchisor who run the “E store” in the above leased building (hereinafter “instant store”).

B. On March 24, 2015, G (the husband of the Plaintiff) who represented the Plaintiff entered into a contract on the transfer of rights (a evidence No. 1; hereinafter “instant contract”) between the Defendant and C (the husband of the Defendant) who represented the Defendant, as follows.

Real estate lease and contract for the transfer of rights (A evidence No. 1)

1. The terms and conditions of lease shall be based on the existing terms and conditions of lease.

2. Premiums following the transfer of E point shall be KRW 260,000,000.

(including KRW 10,000,000). 3. Acquisition of money of KRW 30,000,000, out of the premium for lease; and KRW 230,000,000, out of the premium for lease; and KRW 230,000,00, out of March 24, 2015, respectively, shall be paid on March 26, 2015 (on the day preceding the contract for ice company).

4. The transferee (Defendant) of the E store shall agree on the business of the transferor (Defendant) at the time of completion of the business registration, as at the time of the completion of the snow ice ice and the business registration.

5. The expenses incurred in removing snow related to E stores shall be borne by the transferee;

(Expenses and other expenses). 7. Various facilities (public facilities, telephone, Internet, sound equipment, camera, etc.) shall be transferred to the present state at the time of transfer.

C. On March 24, 2015 (the date of the instant contract), the Plaintiff paid the Defendant the down payment of KRW 30,000,000,000, and paid the remainder to the Defendant on March 27, 2015.

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