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(영문) 인천지방법원 2015.05.15 2013가단5359
약정금반환등
Text

1. The Defendant’s KRW 20,000,000 as well as the Plaintiff’s annual rate from April 25, 2015 to May 15, 2015.

Reasons

1. The facts acknowledged are as follows: (a) from May 2004 to May 1, 2004, the Plaintiff and the Defendant operated a restaurant (hereinafter “instant restaurant”) with the trade name “E” from the first floor of the land building D, Bupyeong-gu, Incheon, Bupyeong-gu, as a partnership business; and (b) from March 2012, the Defendant operated the restaurant alone.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. Determination as to claims based on the settlement agreement

A. The authenticity of the document is presumed to have been established since Gap's evidence Nos. 1 (a letter, a stamp image after the defendant's name was recognized as being by the seal of the defendant, based on the result of appraiser F's stamp image appraisal, and thus, the authenticity of the document is presumed to be established. Although the defendant defense that the above letter was forged, it is insufficient to recognize that the above letter was forged only with the result of the appraiser F's written appraisal, and there is no other evidence to acknowledge that it was forged, considering the overall purport of the pleadings, the defendant, around March 1, 2012, entered into an agreement with the plaintiff that the plaintiff will take over the plaintiff's right and duty to the restaurant of this case as of March 1, 2012 (hereinafter "the settlement agreement of this case") with the following contents (hereinafter "the settlement agreement of this case"), it is insufficient to reverse the above recognition only on the basis of the descriptions No. 1, 3-1, and 2 of

(1) The acquisition price shall be KRW 35 million.

(2) If a new lease contract is concluded by placing the instant restaurant in the real estate, KRW 35 million shall be paid to the Plaintiff immediately after the receipt of the deposit for lease.

(3) If a new lease contract is not concluded even until December 30, 2013, the amount of KRW 35 million shall be paid by December 31, 2013.

(4) 15 million won deposit out of 35 million won shall be paid at a fixed amount, and 20 million won premium shall be paid as received.

B. According to the above facts, the Defendant is obligated to pay the Plaintiff the settlement amount of KRW 35 million pursuant to the instant settlement agreement. The Defendant paid KRW 15 million to the Plaintiff on December 31, 2012 between the parties.

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