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(영문) 서울중앙지방법원 2019.04.09 2018나54585
건물명도(인도)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

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 Special Metropolitan City.

The period of the previous store contract was from July 15, 2010 to July 14, 2011, and the contract was automatically extended once a year in the absence of the parties' intention of termination by one month before the expiration date of the contract.

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 a business policy to provide services to the Plaintiff, and the Plaintiff acquired 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. 1경 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.

A of the professional store operation contract is the plaintiff, and B is the defendant.

Article 3 (Definition of Terms): The total amount of daily sales means the total amount of cash sales, credit settlement sales (credit card, check card), and non-cash sales (credit card, card accumulation, card accumulation, etc.) from the total amount of sales generated during one business day at a store.

(5) General costs: The commodities cost, personnel expenses, direct expenses (electric power charges, water supply and sewerage charges, heating and cooling charges, gas charges, telecommunications charges, repair charges, operating equipment costs, card fees, etc.), profits from enterprises, etc. necessary for the operation of burials of Section B.

Article 10 (Issuance of Receipt) The trade name of “A” shall be for all customers who use the store.

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