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1.The judgment of the first instance shall be modified as follows:
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shared with the Plaintiff (Counterclaim Defendant).
Reasons
1. Facts of recognition;
A. Defendant B is a 2-story building in Yongsan-gu Seoul Metropolitan Government E (hereinafter “instant store”) owned by Defendant D and Defendant D’s coffee specialty joint business
On November 10, 2012, when taking over the right of lease from the former lessee F, the Plaintiff paid KRW 150,000,000 for the premium. On November 21, 2012, the Plaintiff entered into a lease agreement between G and the lessee, the owner of the instant store, with the amount of KRW 40,000,000 for the lease deposit, and paid the lease deposit. The Defendant C, as the husband of the Defendant B, was actually involved in the process of the said agreement and the subsequent series of procedures recognized thereafter. (2) On November 21, 2012, D Co., Ltd (hereinafter referred to as “D”) invested the facilities equivalent to KRW 310,00,000 for the instant store, and D entered into a joint venture agreement with the Plaintiff with the amount of KRW 180,00 for the lease deposit (hereinafter “specialized 2,00,000 for the lease deposit”).
According to the above contract, the coffee specialty store in this case is the direct management store of D, and the lease contract and business registration, etc. are jointly held in the name of D, and the management and operation of the store is entirely responsible for D (Article 2), the joint business is conducted with shares owned by D 63:37 according to the ratio of investment amount (Article 3), and as a special agreement, D shall pay KRW 30,000,000 to Defendant B for the purpose of mutual trust, and it shall be refunded at the time of termination of the contract, regardless of the operation of the place of business, and D shall separately guarantee the minimum profit in addition to the monthly rent of the store in this case, and it shall be paid KRW 4,00,000 every month, and six months after the commencement of business.
And D is a brokerage fee to Defendant C in relation to the sales of the store in this case on the same day.