(영문) 광주지방법원목포지원 2017.06.28 2016가단53020

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원목포지원 2017.06.28 2016가단53020

권리금 청구

Text

1. The Defendant shall pay to the Plaintiff KRW 25,00,000 and interest rate of KRW 24% per annum from July 5, 2013 to the day of complete payment.

Reasons

1. Basic facts

A. On August 6, 2009, the Plaintiff owned the right to use and benefit from the instant building C (hereinafter “instant building”) on a wooden-si ground, and leased the instant building to the Defendant with the following content:

However, the defendant made the name of the tenant in the name of the non-party D, the defendant's children.

① From August 6, 2009 to 24 months ② Deposit KRW 10,00,00, monthly rent of KRW 1,200,000 (payment on August 18, 200) ③ Premium of KRW 70,000,000: (4) Total amount of deposit and premium of KRW 30,000,000 shall be paid by August 18, 2009 (in case of a contract, KRW 4,50,00,000 shall be paid by August 15, 200; KRW 15,50,000 by August 15, 200; and each payment by 20,005,000,000, calculated from August 18, 200 to 209 to 208, respectively; and (3) KRW 80,000,000,000 shall be paid at a rate of 20 to 200,2009.

B. Around August 6, 2009, the Defendant received the instant building from the Plaintiff and operated the main points by borrowing the Plaintiff’s name from the instant building to February 2, 2012. From August 6, 2009 to August 18, 2009, the Defendant paid to the Plaintiff KRW 30,000,000 as part of the deposit and premium.

C. After doing so, the Plaintiff and the Defendant drafted a cash custody certificate (the Plaintiff and D name; hereinafter “the cash custody certificate of this case”) with respect to the unpaid premium of KRW 50,000,000 (hereinafter “the premium of this case”).

(D) Cash Storage Certificate: The amount above KRW 50 million shall be the outstanding amount for the lease premium of the instant building; the amount below KRW 25 million shall be calculated on a daily basis to the Plaintiff and the remainder to be paid for one year (from August 20, 2009) shall be calculated as 2% per month (25 million won). The premium of KRW 70 million shall be valid for 2 years (based on recognition: the fact that there is no dispute, evidence No. 1-4, evidence No. 5, and the purport of the entire pleadings).

2. Determination:

A. According to the above facts of recognition as to the cause of the claim.

유사 판례

-광주지방법원 2018.02.02 2017나58440

-광주지방법원목포지원 2015.08.13 2014가단6549

-서울중앙지방법원 2015.10.16 2014가단5323775

-수원지방법원 2015.09.15 2015가단110917

-서울중앙지방법원 2013.12.12 2012가합101560