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(영문) 서울고등법원 2017.04.28 2016나2038175

청구이의

Text

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

Basic Facts

On March 16, 2007, the Defendant entered into a lease agreement with the KNP Co., Ltd. (hereinafter referred to as “Korea KNP”) under which the CNC Co., Ltd. entered into the said lease agreement on the lease agreement, and provided 9,350 KNP from May 23, 2007 to March 2, 2009.

Our case law subleases the plaintiff with the consent of the defendant.

As seen above, the Plaintiff operated the business of installing a beer shop, etc. in which the former shop was located in the Emart shop and the Emart shop and receiving the fees.

Then, the Defendant filed a lawsuit against the Plaintiff seeking the delivery of the instant post-router and the return of unjust enrichment equivalent to the rent, on the ground that the Defendant sold 567 of the instant post-router at the chain store without the Defendant’s consent, on the ground that the instant post-router was sold at the store store in Korea, and the Defendant filed a lawsuit against the Plaintiff and the Korean Supreme Court as 201Kahap1095, Jenk District Court 201Kahap1095.

(hereinafter referred to as “previous litigation case”). In the previous litigation case, the above court on July 25, 2012 to the Plaintiff (the Defendant in the previous litigation case) and the United Nations case case to each of the Defendant (the Plaintiff in the previous litigation case);

A. At the same time, our cases receive KRW 252,763,769 from the Defendant, and deliver to the Defendant Chapter 8,751 (hereinafter “the instant pen”);

B. From June 1, 2012 to the date of the completion of delivery of the instant land, a judgment was rendered with a view to 35,004,000 won per month, and the said judgment was finalized on August 18, 2012.

hereinafter referred to as "the final judgment of this case"

(2) The Defendant, with the original copy of the instant final judgment as executive title, seized the claim amounting to KRW 70,008,000 among the rent claims that the Plaintiff is entitled to receive from Emart Co., Ltd., and collected a collection order (Seoul District Court Branch Branch Branch Office 2014.12318).