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(영문) 창원지방법원 2016.08.11 2015가단88543
부당이득금
Text

1. As to KRW 66,66,666 among the Plaintiff-Counterclaim Plaintiff and KRW 50,000,000 among the Plaintiff-Counterclaim Plaintiff and the Plaintiff-Counterclaim Plaintiff, May 16, 2016.

Reasons

1. Facts of recognition;

A. On January 2, 2014, the Defendant: (a) sold the land and the building on the window C in Changwon-si, which was one of its own possession, to D; (b) concluded a lease agreement with respect to the said real estate for five years to continue to operate the “E” store (hereinafter “instant store”); and (c) to operate the previous real estate, the Defendant entered into a lease agreement with respect to the said real estate for five years.

The Defendant: (a) leased KRW 2.7 million per month to KRW 100 million for five years from the date of the payment of the purchase and sale balance at the time of the above sales contract and the lease contract; and (b) concluded a special agreement that when D directly operates the said store five years after the contract term, D transfer the above sales right to D, and does not pay a separate premium or facility fee at that time.

B. On March 5, 2015, the Plaintiff, operating the instant store, entered into a contract with the Defendant to transfer the sales rights and facility rights of the instant store to the Defendant and entered into a loan agreement with the Defendant, and entered into a loan agreement and a certificate, and the main contents thereof are as follows.

(hereinafter referred to as “instant contract” and “business rights and facilities rights, etc.” under the instant contract. Details of the contract

1. The defendant shall sell to the plaintiff the amount of KRW 140 million per day for goodwill and facility rights, KRW 100 million per day, KRW 100 million for deposit for the lease on a deposit basis, and KRW 240 million in total.

2. The defendant should make every effort to the plaintiff so that the contract can be concluded under the same conditions as the plaintiff and the building owner.

(not) Method of payment

1. One hundred million won related to the lease deposit shall be paid at the time of a contract;

2. 140 million won for goodwill and facility premium shall be paid in cash, but the remaining KRW 40 million shall be paid at the time of the contract and the remainder KRW 100 million shall be substituted by the loan certificate.

A creditor of a loan certificate: A joint and several surety for the plaintiff: F.10 million won shall be borrowed from the defendant on March 6, 2015.

The conditions of the loan will be paid from April 15, 2015 to the 0.6% of the monthly interest on the principal on the fifteenth day of each month.

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