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(영문) 서울중앙지방법원 2016.10.05 2016나2924
점포명도 등
Text

1. The plaintiff (Counterclaim defendant)'s claim on the changed principal lawsuit is dismissed.

2. On a counterclaim among the judgment of the first instance;

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On June 2013, the Plaintiff and the Plaintiff of the Seoul Meart lease contract were selected as a successful bidder at the bidding of the Seoul Meart, and entered into a lease agreement with the instant store and the Seoul Meart-ro 234-11 store No. 19 square meters (hereinafter “D station store”) on the instant store, but the terms and conditions of the lease agreement were modified as follows as of November 28, 2013 for the instant store and as of January 9, 2014 for the D station store:

C. C. 65,140,00 won in monthly rent contract period from June 3, 2013 to October 13, 2016, clothing C. 422-8,860,000 won from June 3, 2013 to October 13, 2016: D. 234-11,6,00,000 won in convenience store from June 3, 2013 to October 13, 2016.

B. On January 10, 2014, the Plaintiff and the Defendant concluded a consignment operation contract under which the instant store and the D store are entrusted to the Defendant, and KRW 7,200,000 per month for the instant store and KRW 22,170,000 per month for the D station and KRW 22,170,000 per month for the D station.

(hereinafter referred to as the “instant entrusted operation contract”). (c)

Plaintiff

(1) On May 25, 2013, the Plaintiff, a partner of the Defendant side, remitted KRW 200 million to the Plaintiff on May 31, 2013, 2013, the lease agreement between the Plaintiff and the Seoul metro, and thereafter, remitted KRW 350 million in total to the Plaintiff on November 12, 2013, including additional remittance of KRW 80 million, and KRW 20 million on November 13, 2013. 2) on November 25, 2013, the Plaintiff wired the said money to the Plaintiff, a person related to the Defendant on the same day, and KRW 190 million, the said money was remitted to the Plaintiff under the name of the Plaintiff.

F, a relative relative of the Defendant representative director, remitted to the Plaintiff KRW 50 million on November 8, 2013. The Plaintiff, on November 18, 2013, remitted KRW 50 million to F, and that amount.

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