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(영문) 부산지방법원 2011.12.21 2011가합5496
정산금
Text

1. The Defendant shall pay to the Plaintiff KRW 115,00,000 as well as 20% per annum from July 14, 201 to the day of full payment.

Reasons

1. The facts constituting the following facts may be acknowledged in full view of the entries in Gap evidence 1 to 9 (including branch numbers) and the testimony of the witness C, as a whole, of the purport of the entire pleadings:

On April 209, the Plaintiff agreed with the Defendant to jointly operate restaurants, etc. (hereinafter “instant Dong business”). On April 20, 209, the Plaintiff agreed to jointly lease all and part of the first floor of the instant building D (hereinafter “instant building”) on the Plaintiff’s proposal with the Defendant, the lease deposit amount of KRW 20 million under the joint name of the Defendant and the Defendant, KRW 10.5 million per month for rent (payment on April 20, 2009), and the lease term of the instant building from April 20, 2009 to April 19, 2012, the lease term of KRW 333.68 square meters of the instant building and KRW 75.06 square meters of the underground 297.21 square meters (hereinafter “the instant building”). The Plaintiff paid the lease deposit amount of KRW 50 million to E (hereinafter “the instant lease deposit”).

B. Accordingly, the Plaintiff and the Defendant completed the interior construction on the first floor of the instant building with KRW 1.50 million around that time. From among the 333.68§³ of the instant building 1st floor, the restaurants with the trade name “F” which completed business registration under the name of the Defendant, and the mutual discount points of “G” which completed business registration under the name of the Plaintiff and the Defendant, and the remainder of 48.2 square meters of the 1st floor of the instant building 33.68 square meters, among the 33.68 square meters of the instant building 1st floor, were sub-leaseed to H on May 26, 2009, with the 30 million sub-lease deposit, and 20 million won of the premium for the instant building (the first floor of the instant building) and the 150,000 square meters of the monthly rent (payment on May 26, 2009) from May 26, 2009 to the date of sub-lease.

C. The plaintiff and the defendant are above to the first patrol officer of July 2009.

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