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(영문) 서울중앙지방법원 2016.01.28 2014가단189819
점포인도등
Text

1. The Plaintiff:

A. The Defendants indicated in the attached Form No. 1, 2, and 2 in the location where they are running in the D Station in Geumcheon-gu Seoul Metropolitan Government.

Reasons

1. Claim against the defendant A;

A. In the case of the conclusion of the instant contract and the extension of the instant contract, the indication of the attached Form No. 1, 2, 3, 4, and 24.8 square meters of the store located in the (Ga) part of the ship connecting each point in sequence C (hereinafter “instant store”) is a temporary building installed by the Plaintiff after obtaining approval for the use within the station from the Korea Railroad Corporation.

As of January 1, 2013, the Plaintiff and Defendant A entered into a specialized store operation contract (hereinafter “instant contract”) with respect to the instant store.

The instant contract is a contract under which Defendant A determined matters related thereto while having Defendant A sell goods or provide services to railroad users at the instant store.

Defendant A occupies and uses the instant store as a store.

With respect to the contract term, Article 22 of the instant contract provides, “The basic contract term of this contract shall be from January 1, 2013 to December 31, 2013, and shall be from January 1, 2013 to December 31, 2013, and, if the Plaintiff and the Defendant fail to express their intent of termination in writing even one month before the expiration of the contract term, this agreement shall be automatically extended once every year in consideration of the amount invested in the proposal application: Provided, That the maximum operating period shall be up to March 31, 201, and this agreement shall be automatically terminated without a separate notice at the expiration of the maximum operating period.”

Article 37(1) of the instant contract provides, “The Plaintiff and the Defendant A may terminate the contract after notifying the other party of the termination before the expiration of the contract period: Provided, That the other party is notified of the termination, and the contract becomes effective only after the lapse of the contract period: 60 days in the case of a high-speed station, a private house, and 40 days in the case of other stores (Provided, That 30 days in the case of a temporary store).”

The store of this case constitutes other stores.

The instant contract was extended once pursuant to the main sentence of Article 22, and the expiration date of the extended contract term is December 31, 2014.

[Ground of recognition] There is no dispute.

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