logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2020.11.19 2020가합102536
영업허가권양도절차이행청구
Text

The defendant shall comply with the procedure for reporting the closure of the attached business license to the plaintiff.

The costs of lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. On June 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on the lease of 165 square meters of a floor and 2-story (hereinafter “instant store”) among the Daejeon-gu building C owned by the Plaintiff.

The main contents thereof are as follows:

2. In the case of the lease of the store in this case under Article 1 of the Terms and Conditions of Contract, the defendant will pay the lease deposit and the rent as follows.

Deposit: Fee of KRW 20,000: The Plaintiff shall deliver the instant store to the Defendant by June 28, 2016, and the term of lease shall be 24 months from the date of delivery.

Article 4 In the event that the lessor fails to pay the rent for the second time, the lessor may terminate the lease contract.

Where a lease contract is terminated under Article 5, the lessee shall restore the above real estate to its original state and return it to the lessor, and the lessor shall refund the deposit.

All of the matters of special agreement shall not be claimed as a main test for premium or time facility.

After the Defendant paid KRW 20,000,000 (hereinafter “the instant deposit”) to the Plaintiff, “D” was granted a business license as indicated in the separate sheet (hereinafter “instant business license”) and operated the restaurant along with the Plaintiff’s E at the instant store.

B. On October 24, 2018, the Defendant prepared and delivered to the Plaintiff a letter stating that the Defendant would leave the instant store without any condition before April 30, 2019.

C. On January 28, 2019, the Defendant sent the Plaintiff’s Kakao Stockholm message stating that “A funeral service will only extend as a director-related relationship.” The Defendant took out all the remaining collections except the food washing machine at the instant store. From that time, the restaurant business was suspended at the instant store.

From December 2, 2018 to February 2, 2019, the Defendant shall pay 1.

arrow