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(영문) 서울남부지방법원 2017.04.07 2016가단7405
매매대금
Text

1. The Defendant’s KRW 64,221,960 for the Plaintiff and 6% per annum from January 15, 2016 to April 7, 2017.

Reasons

1. Basic facts

A. On January 18, 2007, the Plaintiff entered into a contract to lease 109, 110, 111, and 112 (hereinafter “each of the instant shopping districts”) of the Gyeonggi-gu Office Officetel 109, 110, 111, and 112 (hereinafter “each of the instant shopping districts”). Around that time, the Plaintiff paid each of the lease deposits to the lessor, and thereafter, the Plaintiff operated the restaurant with the trade name “D” from the delivery of each of the instant shopping districts.

The lease term of the lessor of an object is monthly rent of 109 E, 12 months from January 31, 2007, 140 million won from January 31, 2007, F. 1.10 million won from January 31, 2007, F. 1.2 months from February 1, 2007, KRW 1.2 million from February 1, 2007, KRW 1.12 months from February 1, 2007, KRW 1.54 million, E, 112,00 won for the joint lessee, other than H, and KRW 1.5 million from February 1, 2007, KRW 1.54 million.

B. On November 28, 2007, the Plaintiff entered into an agreement with the Defendant to exchange the right to lease and business of the above restaurant, and the right to lease and business of the Defendant, as well as 2,903 square meters and J forest 2,404 square meters (hereinafter referred to as “instant forest”) with the following content (hereinafter referred to as “instant exchange agreement”).

- First of all, the Plaintiff entered into a sub-lease contract with the sub-lessee, and the Defendant settled the Plaintiff’s fast monthly rent (20 million won) and the Plaintiff succeeds to the lease contract with the owner of each commercial building of this case.

- The defendant completed a provisional registration on the ground of a pre-sale agreement as to the forest of this case upon succession to a lease agreement, and transferred the principal registration after 2007. In this case, 30 million won for loans of the forest of this case shall be succeeded by the plaintiff.

- After entering into a contract, the Plaintiff must prepare and transfer a list of the facilities of the “D” restaurant, and submit all documents necessary for the transfer and acquisition of the license so that the Defendant can operate the restaurant.

- The Plaintiff is responsible for and settled management expenses, material expenses, personnel expenses, public charges, etc. incurred before the acquisition by the Defendant.

The plaintiff is entitled to do so.

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