(영문) 서울동부지방법원 2015.01.20 2014가합8651

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(영문) 서울동부지방법원 2015.01.20 2014가합8651

용역비

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1. The Defendant’s KRW 21,00,000 to the Plaintiffs, as well as 5% per annum from July 4, 2014 to January 20, 2015, respectively.

Reasons

1. Basic facts

A. The Plaintiffs are siblings, and from around 2006, they operate mobile phone sales stores with the trade name “E”. The Defendant, the representative director of which is Nonparty F, operates the mobile phone agency of the Ecom Comcom Co., Ltd. (hereinafter “Ecom”) with the company established for the purpose of telecommunications equipment wholesale and retail business.

B. Around May 2010, the Plaintiffs promoted the establishment of a new store in the Seoul Special Metropolitan City Gwangjin-gu G and the first floor (hereinafter “instant store”). To this end, Plaintiff B, on May 7, 2010, set the lease deposit amount of KRW 150 million from Nonparty H and the lease period from May 31, 2013 to May 30, 2013.

C. On May 2010, the Plaintiffs established the instant store directly with the Defendant, and agreed to operate the Plaintiffs (hereinafter “instant operating agreement”). For this purpose, Plaintiff B was appointed as the Defendant’s director on May 17, 2010, and on June 1, 2010, the Plaintiff agreed to change the name of the lessee as to the instant store from Plaintiff B to the Defendant (hereinafter “instant title change agreement”).

[1] At the time of the first lease agreement, the Plaintiff B’s director pays the lease deposit (150 million won) paid to the lessor by the Plaintiff B to the Plaintiff director, and the name of the lessee is changed to the Defendant. 2) After the period of mutual agreement (from June 1, 2010 to May 31, 2012) during the future lease agreement period, the Plaintiff B shall return to the Defendant KRW 150 million received by the Plaintiff B.

3. At the time of the first lease agreement, the rights to the leased store are owned by the Plaintiff Company B, and the Plaintiff Company B shall return the deposit to the Defendant and change the name of the lessee after the expiration of the lease agreement.

The Plaintiffs are the Plaintiffs.

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