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(영문) 대전지방법원 2020.08.19 2019가합107481
위약금 청구의 소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that conducts automobile maintenance business and inspection business in the Daejeon-gu Daejeon-gu D Ground Building (hereinafter “instant building”). E is the representative director of the Plaintiff.

B. On November 201, 2017, the Plaintiff and Defendant B entered into a contract with Defendant B, from November 13, 2017 to November 12, 2022 (the above contract stipulates that “The contract period shall apply only to the period during which Party B (referring to the Plaintiff) operates the automobile maintenance business”) on behalf of the Plaintiff in the instant building, that the said work shall be performed on behalf of the Plaintiff, and the monthly income shall be settled to the Plaintiff and the Plaintiff shall be paid KRW 10,000,000 to the Plaintiff.”

(hereinafter referred to as the “instant contract”). From around that time, Defendant B, along with Defendant C, who was the husband, engaged in the automobile charter business with the trade name “F” in the inside work space of the instant building.

C. On March 8, 2019, the Plaintiff concluded a lease agreement with G Co., Ltd. (hereinafter referred to as “G”), setting the lease period of KRW 3,00,000,000 from September 16, 2019 to September 15, 2029 as the lease period of KRW 3,000,000, and monthly rent of KRW 80,000,000, while delivering the instant building to G by July 1, 2019.

On May 23, 2019, the Plaintiff requested the Defendants to leave the instant building by July 1, 2019 on the ground that the Plaintiff discontinued the automobile maintenance business as part of June 30, 2019, but the Defendants rejected it.

Accordingly, on June 21, 2019, the Plaintiff filed an application against Defendant B for the provisional injunction against the instant building with the Daejeon District Court 2019Kahap50326, and on the other hand, on July 3, 2019, the Plaintiff requested the second Defendants to leave the instant building by July 4, 2019, but the Defendants continued to refuse to withdraw.

(e).

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