(영문) 부산지방법원 2016.09.29 2015나15594

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(영문) 부산지방법원 2016.09.29 2015나15594

권리금반환

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Defendant entered into a lease agreement with C on September 15, 2014 to September 15, 2015 with regard to the instant store (hereinafter “instant store”) owned by C and its Busan Do 1 Dong 203 (hereinafter “E”), and operated a general restaurant in the name of “E”, with the lease deposit of KRW 30 million, monthly rent of KRW 1.5 million (excluding value-added tax).

1. The Defendant is prohibited from arbitrarily disposing of real estate until September 15, 2015. If it fails to file an objection, the Defendant shall return the premium of KRW 20 million.

2. The Plaintiff is prohibited from claiming the return of premium or transferring it to a third party, even if a situation in which the Plaintiff is unable to conduct his/her business within September 15, 2015.

In the event of non-performance, 1.65,00 won shall be paid in full by September 15, 2015.

B. On December 1, 2014, the Plaintiff entered into a sublease contract with the Defendant with respect to the instant store from December 1, 2014 to September 15, 2015, with a monthly rent of KRW 1.5 million (excluding value-added tax) without a deposit, and the Defendant entered into a sublease contract with the following terms (hereinafter “instant sublease contract”).

C. The Plaintiff paid KRW 20 million to the Defendant, and the Defendant delivered the instant store to the Plaintiff on December 1, 2014.

[Ground of recognition] Unsatisfy, entry of Gap evidence No. 1, purport of whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff would acquire and operate the instant store, which is a business place operated by the Defendant, and entered into the instant sub-lease contract. Since the Defendant discontinued the Defendant’s business registration on April 28, 2015 and the Plaintiff could not continue its business, the Defendant is obligated to return KRW 20 million to the Plaintiff, notwithstanding the matters stipulated in the instant special agreement.

B. The defendant's assertion that the plaintiff entered into the sub-lease contract of this case and the defendant's workplace.

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