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(영문) 서울중앙지방법원 2014.01.15 2013가단21619
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 7, 2010, Defendant D leased a deposit of KRW 10 million, KRW 600,000 per month, and KRW 600,000 per month from October 14, 2010 to October 14, 2015, with a opport franchise agreement with Korea Co., Ltd. (hereinafter “instant store”). Around that time, Defendant D entered into a opport agreement with the opport convenience store in its mother’s name, and operated the convenience store in the instant store (hereinafter “instant convenience store”).

B. On October 31, 201, Defendant E set the instant store from Defendant D with a deposit of KRW 5 million, monthly rent of KRW 600,000,000, and the sublease period from October 31, 201 to October 30, 201, Defendant E acquired and operated the instant convenience store operation right from Defendant D around that time.

C. On April 14, 2012, the Plaintiff entered into a sub-lease agreement with Defendant E to acquire all rights, such as goodwill and facilities, of the instant convenience store from Defendant E (hereinafter “the instant sub-lease agreement”). On July 1, 2012, the Plaintiff entered into a sub-lease agreement with Defendant D with the terms that the Plaintiff would transfer the instant store from Defendant D by setting the deposit amount of KRW 5 million, monthly rent, and the sublease period from July 1, 2012 to October 30, 2015 (hereinafter “the instant sub-lease agreement”).

[Ground of recognition] Facts without dispute, entry of Gap 1-4 evidence, purport of the whole pleadings

2. Judgment as to the main claim

A. The Plaintiff’s assertion 1) The Plaintiff’s claim is that the instant sub-lease contract and the right transfer contract (hereinafter collectively referred to as “each of the above contracts”) are combined with the instant sub-lease contract and the right transfer contract as a broker of Defendant C, an employee of Defendant C, a stock company I operated by

The Defendants conspired to conclude each of the contracts of this case, and the lessee is the object leased.

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