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Reasons
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(영문) 창원지방법원통영지원 2015.12.18 2015가단4800
시설권리금
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1. The Defendant’s KRW 3,900,000 as well as the Plaintiff’s annual rate from June 18, 2015 to December 18, 2015, and the following.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, who tried to operate a restaurant in the name of “E” at the instant store in the name of “D,” among the first floor of the building on the land, other than C, which was owned by the Plaintiff, on April 25, 2013, with the name of “E,” and the lease deposit on April 25, 2013. The monthly rent is KRW 110,000,000, and the lease period is from April 25, 2013 to April 24, 2015, respectively.

B. At the time of the instant lease agreement, the Plaintiff and the Defendant stipulated the content that “the Plaintiff received the premium from the Defendant as KRW 5 million, and in fact received KRW 20 million from the Plaintiff and exercised the remainder of KRW 35 million” (hereinafter “the instant premium agreement”). The Plaintiff and the Defendant prepared a separate lease agreement with the premium of KRW 20 million on the same day. At that time, the Defendant paid the Plaintiff the premium of KRW 20 million to the Plaintiff, and the Plaintiff delivered all of the instant store and its facilities, etc. to the Defendant.

C. On June 28, 2014, the Plaintiff sold the instant store to F and G on the grounds of this, and the Plaintiff completed the registration of ownership transfer with respect to the instant store on August 11, 2014.

On July 6, 2014, following the Plaintiff’s sale of the instant store, the Defendant drafted a written confirmation (hereinafter “instant confirmation”) stating that “Inasmuch as the Plaintiff’s right is the Plaintiff’s right, KRW 35 million,000,000,000,000,000, excluding KRW 55,000,000,000,000,000,000 is to be paid to the Plaintiff when receiving a refund of the future facility premium.”

E. The Defendant, around May 24, 2015, delivered the instant store to F, the purchaser, and received KRW 23.9 million in total on March 29, 2015 and May 26, 2015, as consolation money for the director’s expenses and the completion of business.

[Ground of recognition] Class A, Nos. 1, 7, and 8

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