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(영문) 부산지방법원동부지원 2015.12.18 2015가합100630
권리금반환 등
Text

1. The Plaintiff, Defendant B, and Defendant C, as well as Defendant C, KRW 50,000,000, and each of them from April 17, 2015 to December 12, 2015.

Reasons

1. Basic facts

A. (1) Defendant C is a person who operates a sales store, such as agricultural and fishery products, “E” (hereinafter “instant store”) on the first floor of the commercial building located in Geum-gu, Busan (hereinafter “instant building”), and Defendant B is a person who provides goods to E, such as the instant store, and exercises overall control over the operation of E.

(2) The Plaintiff is a person who received the instant store from Defendant C and intended to engage in E business.

B. In order to operate the instant store on November 22, 2013, Defendant C entered into a lease agreement with F, the owner of the instant building, to lease the instant store by setting the lease deposit amounting to KRW 40 million, monthly rent of KRW 3,300,000, and the term of lease from November 21, 2013 to November 20, 2015 (hereinafter “instant lease agreement”).

(2) Meanwhile, the Defendants had H, who operate the instant store with the trade name of “G”, engage in the refined land store business within three E (picker point, Namsan point, and mountain point), and Defendant B received KRW 5 million each month from H as the sublease fee for the said four static land points.

C. Article 1 of the E Membership Agreements, such as the E Membership Agreements and the Conclusion of Contracts for Facility Transfer / [Purpose] The purpose of this Agreement is to mutually agree on the matters concerning the provision of certain advice and know-how in order to start up a business by receiving KRW 20 million for the accumulated know-how of Defendant B.

Article 2 [Supplementary Matters of Law] 1) Sale Nowh 2) Stock Management Nowh 3) Customer Management Nowh 4 (1) The Plaintiff entered into a membership agreement with Defendant B (hereinafter “instant member agreement”) with the following contents in order to operate the instant store on July 2014, and paid KRW 10 million to Defendant B on June 4, 2014, respectively.

The transfer of business entities' facilities.

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