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(영문) 수원지방법원 2016.08.19 2015가합6107

손해배상 등

Text

1. The defendant himself/herself or let a third party conduct the party funeral business by March 24, 2024.

Reasons

1. Basic facts

A. From May 2012, the Defendant: (a) performed the billiard hall (hereinafter “F”); (b) concluded a contract with the Plaintiff on March 25, 2014 on the condition that it would hand over the instant billiard between the Plaintiff and the Plaintiff, by leasing No. 201 of the 2st Etel No. 201 to “F”); and (c) concluded a contract with the Plaintiff on the condition that it would hand over the instant billiard hall.

Accordingly, on March 25, 2014, the Plaintiff paid KRW 34,300,00 to the Defendant the acquisition price for the instant party hall, and acquired all equipment, such as the trade name, signboard, watch, and air conditioners.

B. On March 25, 2014, the Plaintiff concluded a lease agreement to lease the store of the instant party, setting the lease contract from March 26, 2014 to November 9, 2015, under a special agreement that only the remainder (from November 10, 2010 to November 9, 2015) of the existing lease agreement that the Defendant succeeds to the lease deposit amount of KRW 30,500,000 for G and the said store, which is the lessor of the instant party’s store, and the lease period of KRW 1,50,00 for monthly rent, and the remainder (from November 10, 2010 to the remainder (from November 10, 2015) of the existing lease agreement that the Defendant agreed to lease the store of the instant party.

C. On April 9, 2014, the Plaintiff, upon transfer of the instant party hall, registered the “F” under his/her name, and started the instant party hall business from around that time without changing the inside structure and facilities of the party hall that he/she acquired from the Defendant.

On June 19, 2014, the Plaintiff also accepted the lease agreement on the LED lighting established in the instant party hall (one hundred three thousand won each month until March 25, 2017) concluded with the Defendant on March 11, 2014.

On November 2014, the Plaintiff replaced and changed some facilities, such as replacing the watch table in the party hall of this case. D.

However, on July 24, 2014, the Defendant: (a) leased all four floors from the head of the party headquarters of this case, approximately 114 meters away from the five floors in Ansan-si C; and (b) registered the business with the trade name "D party headquarters" on August 21, 2014; and (c) registered the said place.