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(영문) 광주지방법원순천지원 2017.12.14 2016가합13681
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 (applicable for recognition: non-strifeed facts, Gap evidence 1 through 7 (including paper numbers, hereinafter the same shall apply);

(ii)each entry in Eul-B evidence Nos. 1 and 2, and the purport of the whole pleadings

A. (1) On February 16, 2006, the Plaintiff completed the instant lease agreement with the Defendants on February 16, 2006, and the Defendants completed the construction after entering into the instant lease agreement with 1/4 shares, and on October 10, 2006, the registration of ownership preservation was completed in the future of the Defendants.

From October 9, 2006 to October 31, 2008, the sales store of 145.21 square meters on the first floor (hereinafter “instant commercial building”) entered into a contract with the lease deposit of 50 million won, monthly rent of 6.6 million won, and the lease term of 6.6 million won from October 9, 2006 to October 31, 2008 (hereinafter “instant lease contract”). Since then, the Plaintiff paid the lease deposit to the Defendants and operated the pharmacy in the instant commercial building.

(2) On September 18, 2008, the Plaintiff and the Defendants concluded a renewal contract under the instant lease agreement with the period of KRW 16.5 million per month, the period of lease from October 1, 2008 to September 30, 2010, the period of lease changed from November 2, 2010 to September 30, 201, the period of lease was KRW 22 million per month, and the period of lease was changed from October 1, 2010 to September 30, 2012. After that, the instant lease agreement was renewed implicitly on September 30, 2012 and September 30, 2014.

B. Notice of refusal to renew a lease agreement (1) The Defendants operated the hospital as a partnership business from the building listed in the attached list, and Defendant E retired from the partnership business relationship with other partners on January 9, 2014.

(2) Defendant B, C, and D (hereinafter “Defendant B, etc.”) notified the Plaintiff that the instant lease agreement was terminated on September 30, 2016 due to the Plaintiff’s lack of intent to renew the instant lease agreement on April 22, 2016 and August 25, 2016.

C. (1) On August 31, 2016, the Plaintiff entered into a contract for the transfer of rights, etc. (1) the Plaintiff transferred the goodwill and all of the facilities of the instant shopping mall to KRW 350 million.

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