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(영문) 의정부지방법원 고양지원 2021.02.05 2019가단83904

손해배상(기)

Text

The defendant's KRW 20,060,000 and its relation to the plaintiff shall be 5% per annum from August 5, 2019 to February 5, 2021.

Reasons

1. Facts of recognition;

A. On November 13, 2016, the Plaintiff leased the instant store to Defendant and Pakistan-si, one shop (hereinafter “instant store”) and entered into a partnership agreement with the content that it would operate “D” (hereinafter “instant store”). Around November 13, 2016, the Plaintiff concluded a lease agreement with the Plaintiff that sets the ratio of investment and profit distribution at 50% each (hereinafter “instant Dong business”). B. The Plaintiff and the Defendant leased the instant store under the Plaintiff’s name until November 7, 2017, with the lease deposit amount of KRW 50,000,000, and the lease term of KRW 500,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,00.

(c)

The Plaintiff, while operating the instant store in accordance with the instant club business, decided to suspend the operation of the store on July 2017. Accordingly, the Defendant continued to run another business from the said store until November 7, 2017 when the lease agreement on the instant store is terminated.

(c)

The Defendant entered into a contract for the transfer of the right to all facilities in the instant store to E and F on October 19, 2017, and received KRW 10,000,000 for the premium from F on the same day. On November 7, 2017, the Defendant returned KRW 50,000,000 for the instant store.

(d)

Meanwhile, the Defendant paid KRW 15,400,000 for rent between July 2017 and November 201, and KRW 1,480,000 for six months from June 2017 to November 2017 during which the Plaintiff suspended the operation of the instant store. While entering into the instant contract for the transfer of the right, the Defendant paid KRW 3,00,000 to the certified broker G who arranged the instant contract.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and Eul evidence Nos. 1 through 3 (with numbers).