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(영문) 의정부지방법원 2016.08.17 2015가단122372

손해배상(기)

Text

1. The defendant shall be the plaintiff.

(a) KRW 70,00,000 and interest rate of KRW 15% per annum from December 1, 2015 to the date of complete payment.

Reasons

1. The premise of the dispute is that, around January 2015, the Plaintiff entered into a contract on acquisition of the right of lease (hereinafter referred to as “contract on acquisition of the instant business, etc.”) with the Defendant for the acquisition of the leased house of KRW 120,000,000, the aggregate of KRW 83,000,000, and KRW 37,000,000, for the purpose of securing the payment of the purchase price of KRW 50,000,000 in the attached list owned by the Plaintiff, and the Plaintiff entered into a contract on acquisition of the right of lease (hereinafter referred to as “the right of acquisition of the instant business, etc.”) with the Defendant on the acquisition of the leased house of KRW 120,00,00,000 on the attached list owned by the Plaintiff, respectively, and entered the registration of the establishment of the mortgage in the order of KRW 50,00,000,000 on January 15, 205.

[Reasons for Recognition] Facts without dispute, entry of Gap 3 and 4 evidence, purport of the whole pleadings

2. Determination as to the cause of action

A. The following facts can be acknowledged in light of the following facts: (a) whether the Plaintiff could cancel the acquisition agreement of the instant business, etc.; (b) evidence No. 5; (c) evidence No. 1; and (d) evidence No. 1; and (e) witness E and F’s testimony and the overall purport of the pleadings; and (c) part of evidence No. 4; and (d) witness G testimony within the extent inconsistent with the foregoing.

On January 22, 2015, the Defendant: (a) was the owner of the said store and the lessor’s spouse, and (b) was the Plaintiff’s agent for the said H in connection with the conclusion, etc. of the lease contract of the said store; (c) had the Plaintiff manage the said store on behalf of the Plaintiff while she met, or she was set off with Chungcheong red. For this purpose, a change in the name of credit card machinery and equipment and business registration and a change in the name of the said store is required; and (d) requested the Plaintiff to prepare a lease contract indicated as the lessee

E accepts the above request of the defendant, and the plaintiff is on its job.