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(영문) 창원지방법원 2020.12.17 2019나66788
보증금 및 회원권인수대금
Text

All appeals filed by both the plaintiff and the defendant are dismissed.

Expenses for appeal shall be borne individually by each person.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On November 24, 2014, Nonparty C operated a four-day shop with the trade name of “G” by leasing KRW 10,000,000, and KRW 90,000,00,00 for deposit money, which is part of the F and Three-story Rental Co., Ltd. (including possession area and co-ownership area; hereinafter “instant store”).

B. On July 29, 2016, the Plaintiff: (a) transferred the instant shop from the Defendant, the mother of C (hereinafter “Defendant”) under the premise that C bears all the monthly rent and management expenses that C shall pay to DD; (b) on the condition that C bears all the expenses, the Plaintiff took over and operated the said four-day shop operated by the Defendant.

Rent: The monthly contract period of KRW 2 million: from September 1, 2016 to August 31, 2018: Management expenses, monthly rent of KRW 2 million, monthly rent, taxes, and membership fees shall be settled on a deposit basis.

(Management Expenses, monthly taxes, and taxes shall, in principle, be settled at the present point of time. In principle, the equal amount of membership fees adjusted by B shall be settled.

C. At the time of the Plaintiff’s acceptance of the four-day shop as above, the value of membership in the form of 20,030,000 won issued by the Defendant was recognized as having been paid by the customers through the above membership while operating the four-day shop. The remainder of the membership that was not currently used is KRW 2,242,00.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 7 through 11, Eul evidence Nos. 1 and 2 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Summary of the parties' arguments

A. Plaintiff 1) The instant sub-lease contract was terminated as of July 8, 2018 by agreement between the original and the Defendant. However, the Defendant is obligated to pay the Plaintiff the deposit and the amount of membership settlement amount of KRW 22,030,000 under the instant sub-lease contract (=20,000,000 membership settlement amount of KRW 20,000) and the damages for delay thereof. (2) The Plaintiff and the Defendant are obliged to pay the sublease fee of KRW 1,50,000.

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