(영문) 서울고등법원 2015.02.06 2014나34524

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(영문) 서울고등법원 2015.02.06 2014나34524

대여금등

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1. The judgment of the first instance, including a claim selected in the trial, shall be modified as follows:

Reasons

1. Basic facts

A. On March 24, 2007, the Defendant issued a certificate of class 3 of the qualification for four-day technology from the Korea Institute for Advancement on the ground that: (a) around that time, the Plaintiff was living together with the Plaintiff, which led to the Plaintiff’s operation of the four-day art in the Plaintiff’s name with the Plaintiff’s aid.

(2) At the time of May 2007, the Plaintiff: (a) leased the instant real estate from Q, the owner of Q, as KRW 7 million in lease deposit and KRW 600,000 in monthly rent; and (b) entered into a contract for interior works with S, which is a trade name called “R”, to operate the tegypt shop in the instant real estate.

(3) On August 22, 2007, the Defendant: (a) completed business registration with the name of the Plaintiff; and (b) completed business registration with the trade name as “C; (c) from around that time, the Defendant’s operation of the NAE store (hereinafter “the instant NAE”); and (d) discontinued business on September 28, 2012.

B. (1) On October 1, 2012, the Defendant, the owner of the instant real estate, changed from Q to O on February 1, 2008, the owner of the instant real estate.

From the perspective of determining the lease deposit amount of KRW 7 million and monthly rent of KRW 850,00,000, the lease deposit was agreed to substitute the lease deposit amount of KRW 7 million with the existing lessee’s lease deposit.

(2) On October 17, 2012, the Defendant: (a) registered the business under the name of the business operator as the Defendant; (b) completed the business registration with the trade name as “E; and (c) operated the main points in the instant real estate (hereinafter “instant main points”) from around that time.

[Reasons for Recognition] Facts without dispute, Gap 1, 2 evidence, Eul 2, 3, 5, 10, 15, 16, 19, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The part related to the opening and operation of the four-day shop in the instant case.

유사 판례

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