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(영문) 인천지방법원 2019.06.19 2018가단231054
권리금 등 청구의 소
Text

1. The Defendant’s KRW 26,50,000 and the Plaintiff’s annual rate of KRW 5% from July 15, 2018 to June 19, 2019.

Reasons

1. Facts of recognition;

A. From June 14, 2011, the Plaintiff operated a singing room in the branch office of Bupyeong-gu Incheon Metropolitan Government (hereinafter “instant store”) among the land buildings (hereinafter “instant building”). At the time, the lease contract for the instant store was concluded in the name of D and E, the Defendant’s spouse, and the Plaintiff was concluded on April 23, 2012.

On July 14, 2014, the Plaintiff entered into a lease agreement with the Defendant to lease the instant store by setting the lease deposit amount of KRW 5 million, monthly rent of KRW 400,000,000 from July 14, 2014 to July 14, 2016 (hereinafter “instant lease agreement”), and continued to operate a singing room at the said store.

Since the above lease contract, the above lease contract was impliedly renewed.

B. From August 2017, the Defendant continued to remodel the instant building from around August 2017. During that process, the Plaintiff’s singing signboards were removed to be installed again, and the Plaintiff consented thereto.

C. A dispute arose between the Plaintiff and the Defendant regarding the re-establishment of the Plaintiff’s signboards removed in the process of remodeling from October 2017.

On May 29, 2018, the Defendant sent to the Plaintiff a content-certified mail that the lease contract will not be extended, and the said mail reached the Plaintiff around that time.

On May 30, 2018, the Plaintiff entered into a contract for acquisition and transfer of the right to transfer the facility and goodwill of the instant store in KRW 30 million (hereinafter “instant premium contract”) with F and received KRW 3 million down payment from F.

The Plaintiff requested the Defendant to conclude a new lease contract with F and the instant store, but the Defendant rejected the request.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, 8, 9 (including branch numbers in case of provisional evidence; hereinafter the same shall apply), Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination

(a) Collecting premiums;

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