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(영문) 서울중앙지방법원 2018.07.13 2017가단5100874
건물명도(인도)
Text

1. The defendant shall display the annexed drawings on the second floor of the real estate in the annexed list to the plaintiff, 1, 2, 3, 4 and 1 respectively.

Reasons

1. Facts of recognition;

A. On July 15, 2010, the Defendant entered into a contract with E company for store use that sells goods or provides services to railroad users at a store with a size of 30 square meters located in a place outside the D Station located in Seoul Metropolitan City.

The contract term of the relocated store contract was from July 15, 201 to July 14, 2011, and the contract term was automatically extended once a year in the absence of the parties' declaration of termination by one month before the expiration date of the contract term.

Since that time, the defendant has run the business of selling the subjects, etc. at the relocated store.

B. After that, on November 21, 201, the Korea Railroad Corporation established the business policy to provide services to the Plaintiff, while the Plaintiff took over a contractual relationship with the station store, etc. managed by E, or entered into a new contract with the existing contractor.

원고(소관 경인본부장)는 2013. 1.경 이전 점포를 운영 중이던 피고와 사이에 새로이 스낵전문점 운영 계약(이하 ‘이 사건 계약’이라 한다)을 체결하였는데, 그 과정에서 매장 위치를 이전 점포에서 별지 도면 표시 ①, ②, ③, ④, ①의 각 점을 순차 연결한 선내 (가)부분 점포 30㎡(이하 ‘이 사건 점포’라 한다) 쪽으로 옮겨 영업을 하게 되었다.

C. The main contents of the instant contract are as follows.

Article 12 (Employment and Training of Employees) (1) B shall submit a detailed statement of the employee's personal information, which is posted for business purposes, to A not later than five days before the scheduled date of burial, and A shall review the submitted documents and then notify B of the results of its determination as a guest worker.

Article 19 (Purchase of Insurance) (2) B shall subscribe to the insurance necessary for the store operation including the fire insurance prior to the commencement date of the business with respect to the facilities, commodities, equipment, and other fixtures of the store, and shall subscribe to the compulsory insurance as prescribed by the relevant Acts and subordinate statutes, and copy of the insurance policy.

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