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(영문) 대전고등법원 2016.07.08 2014나13998

구상금

Text

1. The judgment of the first instance, including the Plaintiff (Counterclaim Defendant)’s principal claim added in the trial, shall be as follows:

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. On December 18, 2006, the Plaintiff Company was established to operate a golf product sales business, etc., and the Plaintiff Company operated a golf product sales store at the E University Art Center located in Seo-gu Daejeon, Seo-gu, Daejeon (G building; hereinafter “instant building”). The building of this case is the building of Seo-gu, Daejeon (G building; hereinafter “instant building”).

(2) On January 11, 2009, the Plaintiff’s husband and the Defendant’s husband agreed to move the place of business to another place of business. The Plaintiff’s second floor of the instant building was the lease deposit of KRW 50 million, monthly rent of KRW 2.5 million, and the lease term of KRW 2.5 million from March 2, 2009. 2) The Plaintiff’s representative director J and the Defendant’s husband knew for a long time. The Defendant’s husband and the Defendant’s husband were to come up with the place of business in the instant building where the Plaintiff’s business establishment is located while driving a screen golf range. On January 11, 2009, the Plaintiff’s husband and the Defendant’s husband were to come up with the Plaintiff’s business establishment located in the instant building where the Plaintiff Company’s business establishment is located, and on March 29, 2009, the lease deposit of the instant building from the Defendant’s name of KRW 30 million, KRW 2,500,000.

3) The Plaintiff Company at the Defendant’s expense between the Defendant and the Defendant around that time (hereinafter “instant practice hall”).

(2) The Plaintiff Company agreed to operate the instant practice hall business on behalf of the Defendant (hereinafter “instant business agency agreement”) until the business of the instant practice hall was entered into a normal track (hereinafter “instant business agency agreement”).

4) Meanwhile, on January 12, 2009, the Plaintiff Company integrated each of the above lease agreements on the Plaintiff Company’s business site and the instant practice hall established in the instant building. On January 12, 2009, the Plaintiff Company’s second and third floors of the instant building from H with lease deposit amounting to KRW 80 million.