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(영문) 서울북부지방법원 2015.07.16 2014가합1175
보증금반환 등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. Defendant B leased land of Dobong-gu Seoul Metropolitan Government, and constructed a new automobile maintenance facility on the land above at the end of December, 1982, and operated F from January 17, 1983.

B. On August 17, 1988, Defendant B discontinued the above industrial company as its representative, and on the same day, Defendant C again established the F with the same trade name as that of the previous company and operated it with Defendant C.

C. Meanwhile, the Plaintiff and the Defendants agreed that the maintenance of a large vehicle among the F’s maintenance sector will be entrusted to Defendant C, the maintenance of a small and medium-sized vehicle will be entrusted to the Plaintiff, and on April 1, 2001, the following contract was entered into between Defendant C and the Plaintiff, and the Plaintiff agreed to pay KRW 3 million per month the building rent to the Defendant B.

The trade name of part of the automobile maintenance business entity: F location D and E of the automobile maintenance business entity in Dobong-gu in Seoul: Defendant C partner D: The plaintiff's building owner Byung in consultation with each other in concluding the above contract: the representative defendant C of the above business entity in consultation with the defendant B and the plaintiff Eul are called the plaintiff Eul, and the defendant B of the building owner in consultation with each other.

1. A and B shall enter into the partnership business agreement, and at the same time A shall carry on the business by dividing and managing large, special vehicle repair business in E at the above address, and small and medium vehicle repair business in D at the above address;

2. A and B shall not transfer to another person the workplace assigned in division or sub-committee the workplace, and if she wishes to execute the division, she shall be decided by entering Byung; and

The workplace already requested shall be one year from the date of the contract and shall be decided concurrently thereafter.

Provided, That in extenuating circumstances, mutual name shall be entered.

3. “A” and “B” shall transfer all of their offices, equipment and tools necessary for their work so that B can carry on the business smoothly.

4. A and B shall be other than public charges, taxes, salaries, retirement allowances, which correspond to their own business licenses.

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