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(영문) 서울고등법원 2015.07.09 2014나51239
기타(금전)
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) are dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

Reasons

1. Facts of recognition;

A. On October 2, 2013, the Plaintiffs concluded a contract for acquisition and transfer of facilities (hereinafter “facility acquisition and transfer contract”) with the Defendant C, a lessee, who operated a “F” clothing store at a store located in the 22th floor of the building E (hereinafter “instant building”), and paid the down payment of KRW 120 million on the premium for the said store, and the down payment of KRW 12 million on the date of the contract, and the remainder of KRW 18 million on the date of the contract, and on October 15, 2013, the Plaintiffs paid KRW 12 million on the date of the contract.

B. On the same day, the Plaintiffs concluded a contract for the acquisition and transfer of facilities (hereinafter “facility 2 premium contract”) on October 15, 2013 with the Defendant D, a lessee who operated the G’s clothing store at another store of 9 square meters on the first floor of the instant building, and KRW 50 million of the down payment, and KRW 45 million of the remainder on the date of the contract and the remainder on the date of the contract, and paid KRW 5 million of the down payment on the date of the contract.

C. Meanwhile, on October 7, 2013, the Plaintiffs concluded a lease agreement with the owner of the instant building, and paid KRW 60 million on the day of the lease, setting the lease agreement as three years from October 16, 2013 to October 15, 2016.

[Reasons for Recognition] Facts without dispute, Gap evidence 2-2-4, Gap evidence 7-1, 2-2, Eul evidence 1-2, and the purport of the whole pleadings

2. Determination on the main claim

A. Defendant C paid 15 million won as premium to K, a lessee, to whom the Plaintiffs asserted 1 unfair contract was invalid. Defendant C entered into an agreement prohibiting the transfer or acquisition of premium with the lessor, and concluded the first premium agreement with the lessor, which is the amount of about nine times the premium paid by himself by taking advantage of the circumstances in which the Plaintiffs were unaware of such agreement, which is the amount of about nine times the premium paid by himself. Thus, the Plaintiffs are deemed null and void by unfair contract.

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