(영문) 춘천지방법원 원주지원 2021.01.21 2020가합5248

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 춘천지방법원 원주지원 2021.01.21 2020가합5248

손해배상(기)

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All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff is a person who operated a steis for the photographing business and the Almpir business, etc., and the Defendant is a company running a hotel called “D” in the original city C while operating the hotel.

2) On November 12, 2015, the Plaintiff: (a) decided that the Defendant leased part of 437.86 square meters on the first floor of the above hotel underground (hereinafter “the instant business site”) from January 1, 2016 to December 31, 2018 during the lease period; (b) the lease deposit amount of KRW 40 million; and (c) monthly rent of KRW 1.5 million (hereinafter “the instant lease agreement”); and (d) the terms and conditions of the instant lease agreement (Article 26 of the contract) providing that “any matters related to business other than the terms and conditions of the lease agreement shall comply with the mutually agreed agreement.”

3) The Plaintiff entered into a premium contract with the former lessee of the instant business site and paid the said money.

1. The Plaintiff shall have exclusive jurisdiction over all available screenings conducted in the Defendant’s place of business.

The plaintiff shall pay 10% of the original purchase price to the defendant as a fee.

2. The defendant shall charge a fee of 20% of the amount of original photographing when another company conducts original photographing at the defendant's place of business, and shall pay it to the defendant's place of business.

③ In principle, the composition of a model package (steis d, wad, hinge, hinge) that is proceeding in the Defendant’s place of business shall be based on the brand owned by the Plaintiff.

except as the customer does not consent.

4) At the time of the conclusion of the instant lease agreement, the Plaintiff entered into an agreement on the business partnership with the Defendant on the following (hereinafter “instant business partnership agreement”) and entered into the agreement on the business partnership prior to the Plaintiff’s mutual confirmation and commencement of the business, and concluded the agreement on the business partnership prior to the date of commencement of the business, and the said agreement was repealed at the time of entering

5) The Plaintiff is thereafter at the instant place of business.

유사 판례

-춘천지방법원 원주지원 2021.01.21 2020가합5248

-청주지방법원 2017.06.08 2017고단499

-서울중앙지방법원 2020.02.11 2019가단5134642

-대전지방법원 2017.08.08 2016고단1724

-서울중앙지방법원 2020.02.11 2019가단5134642