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(영문) 부산지방법원 2014.10.17 2013가단49363
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 7, 2010, the Plaintiff leased a deposit of KRW 10 million, monthly rent of KRW 600,000,000, and from October 14, 2015 to October 14, 2015, the term of lease of KRW 50.745 square meters (hereinafter “instant store”) of the first floor retail store of the building Da-gu, Nam-gu, Busan (hereinafter “instant store”). The Plaintiff leased the instant building by setting the lease period from October 7, 2010 to October 14, 2015.

9. A franchise agreement on the “fishing range” with a convenience store (hereinafter “this case’s convenience store”) was concluded by the mother under the name of her mother, and operated the convenience store at the instant store (hereinafter “instant convenience store”).

B. On October 20, 201, F transferred the instant store from the Plaintiff to October 30, 201 by setting the deposit amount of KRW 5 million, monthly rent of KRW 600,000 per month, and the sublease period from October 31, 201 to October 30, 2015. At that time, F acquired and operated the instant convenience store operation right from the Plaintiff.

C. On April 14, 2012, the Defendant decided to acquire from F all the rights, including business rights, to the instant convenience store in KRW 20 million, and the same year.

7.1. On July 1, 201, the Plaintiff entered into a sublease contract with the effect that the store of this case is set at KRW 5 million, KRW 600,000 per month, and the sublease period from July 1, 2012 to October 30, 2015 (hereinafter “instant sublease contract”).

[Reasons for Recognition] Class A, Nos. 1, 2, 5, 6, Eul evidence Nos. 1 through 4, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the Defendant voluntarily terminated the instant sub-lease contract on May 27, 2013, the Plaintiff asserts that the Defendant is liable to pay damages, etc. to the Plaintiff, on the grounds that not only incurred losses, such as ①, ③, and ⑤ but also claims such as the following ② and ④, etc.

① As the Defendant voluntarily terminated the instant sub-lease contract on May 27, 2013, the Plaintiff concluded a franchise agreement on the instant store with the ESNN, and accordingly, the Plaintiff shall compensate for the damages to the ESN.

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