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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Basic facts
A. The Plaintiff is a broker who runs real estate brokerage business under the trade name of Eunpyeong-gu Seoul Metropolitan Government and 34 “D Licensed Real Estate Agent Office.”
B. Nonparty E operated the “G” house with the name of 30 million won as lease deposit money, monthly rent of KRW 1.8 million, and the name of 1.8 million, Nonparty E requested the Plaintiff to seek new lessee to acquire the right to the said store around August 2015, when the occurrence of a circumstance where it is impossible to continue the business.
C. On August 5, 2015, the Defendant introduced the instant store from the Plaintiff while finding a store for the opening of the opening of the opening of the opening of the opening of the opening, and entered into a lease and premium contract with E as follows (hereinafter “instant lease and premium contract”).
E shall lease the instant store to the Defendant at KRW 15 million, monthly rent of KRW 1.8 million, from August 6, 2015 to November 5, 2015.
The premium shall be KRW 35 million, and the defendant, until November 5, 2015, would be sufficient to cover KRW 15 million out of the premium balance of KRW 20 million, which shall be refunded by E as the lease contract between E and the defendant is terminated.
A new lease contract with a building owner shall be concluded by separately paying the lease deposit and preparing the lease deposit of KRW 30 million, and in this case, E shall actively cooperate with the lease deposit of KRW 30 million and the monthly rent of KRW 1.8 million.
Where the Defendant fails to pay KRW 20 million in balance of the premium and KRW 30 million in lease deposit by November 5, 2015, the right to operate the store of this case shall be reverted to E again, and the Defendant waives all of its rights and transfers the store of this case to E.
This Agreement shall be null and void if it is not a capital pressure construction, and the amount paid by the defendant shall be returned without any condition by E.
The defendant shall thereafter be liable.