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(영문) 대법원 2017.07.11 2016다261175
손해배상(기)
Text

All appeals are dismissed.

The costs of appeal are assessed against the Defendants.

Reasons

The grounds of appeal are examined.

1. Defendant B;

(a) Premium is the cost of transferring intangible property value, such as business advantages and expenses of a commercial building, or the cost of using it for a given period, depending on tangible or intangible property value, such as business advantages, depending on the location of the commercial building, its customer, credit, business know-how, or store location.

The premium contract, accompanied by the right to lease transfer contract, is separate from the right to lease transfer contract, but in light of the process of conclusion of the above two contracts and the content of the contract, etc., in a case where the premium contract is combined with the right to lease transfer contract and the whole is performed in an economic and factual manner, and without any existence, if it appears that the party would have not expressed any other intention, the entire contract shall be deemed as an indivisible relationship, such as a single contract.

(See Supreme Court Decision 2012Da115120 Decided May 9, 2013). B.

According to the judgment of the court below, the following facts are revealed.

(1) On February 29, 2008, Defendant B leased the instant commercial building located in the Gangnam-gu Seoul Metropolitan Government F from the owner K on a lease deposit of KRW 62 million, monthly rent of KRW 2.2 million (hereinafter “instant lease contract”), and operated the instant pharmacy from around that time.

Since then, the instant lease contract was renewed every two years.

(2) On December 2012, Defendant B changed the name of the lessee of the instant lease to “C” upon request from K.

(3) On March 8, 2013, the Plaintiff entered into a contract for acquisition by transfer or transfer of rights (hereinafter “instant contract for transfer of rights”) with Defendant D, an employee of the licensed real estate agent office of Defendant E’s operation, stating that “The Plaintiff takes over the right of lease under the instant lease agreement with Defendant B, and acquires the instant pharmacy facilities (excluding sales goods) in the amount of KRW 380 million in premium.”

Defendant E signed the “ broker” column of the instant contract.

(4) The instant case.

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