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(영문) 의정부지방법원 2018.04.18 2017가단112348

손해배상(기)

Text

1. The Defendant: (a) KRW 20,000,000 for the Plaintiff and 5% per annum from July 6, 2017 to April 18, 2018.

Reasons

1. Facts of recognition;

A. A. Around March 6, 2017, the Defendant, who operated D’s singing room (hereinafter “the instant singing room”) on a scale of 162.06 square meters on the Gu’s Government-si, Dong-si, Da-si, and 162.06 square meters, transferred the inside house, including the Plaintiff and the instant singing room, and set the premium as KRW 65 million. On the other hand, the Defendant entered into a contract on the premium for commercial building lease (hereinafter “the instant premium contract”) with the effect that the Plaintiff transfers the lease deposit amount of KRW 15 million to the lessee.

B. On March 17, 2017, the Plaintiff paid 7 million won as the down payment on the date of the contract as the down payment, and 58 million won as the remainder on March 17, 2017, and paid 15 million won as the lease deposit, and began business registration with the same trade name on the 23th of the same month.

C. However, on April 10, 2017, the Defendant took over the Foman’s room located within 100 meters in the instant singing room, and completed the business registration as an entertainment tavern and started business with the same trade name. D.

In addition, the defendant reported the closure of the above entertainment drinking house business on June 26, 2017. On May 8, 2017, the defendant completed business registration as a karaoke machine business with the trade name of "G karaoke machine business" at the same place as of May 8, 2017 and continues its business until now.

E. On the other hand, around December 2017, the Plaintiff filed a provisional injunction against the Defendant with this court as 2017Kahap5394. On the other hand, around January 18, 2018, the Plaintiff filed an application with the Defendant for a settlement recommendation with the effect that “the Defendant does not engage in any and all singing practice rooms (including the instant Defendant’s store and the city of the Government, but does not lease the saidF sing business, transfer the said business, or otherwise allow a third party to engage in the said business,” and the said decision became final and conclusive by failing to file an objection.

【Ground for recognition” has no dispute, Gap 1-6 evidence, Gap .