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(영문) 대전지방법원 2018.11.23 2016가단210945
손해배상(기)
Text

1. The Defendant’s KRW 9,00,000 as well as the Plaintiff’s annual rate of KRW 5% from June 25, 2016 to November 23, 2018.

Reasons

1. Basic facts

A. On April 8, 2015, the Plaintiff entered into a contract with F to pay a certain percentage of the profits accrued from the business other than the above KRW 190 million to F until the Plaintiff fully pays KRW 190,000,000,000 to F, while transferring the business of the instant main points to the Plaintiff at KRW 250,000,000,000,000,000,000,000,000,000,000 won.

(2) The contract of this case is a combination of lease similar contracts under which the Plaintiff uses and benefits from the above main points until the Plaintiff pays F the amount of KRW 190 million to the Plaintiff, and the Plaintiff pays the lessor the rent, management fee, value-added tax imposed on the said main points in the name of F with respect to the rent, management fee, value-added tax imposed on the lessor in the name of F with respect to the said main points, and the cost for the business thereof, and not only bears the Plaintiff’s own burden, but also pays F with a certain percentage of money out of the profits accrued from the business to the said main points).

After entering into the instant contract, the Plaintiff changed the trade name of the main place of the instant case from F to E after having left the name of the tenant and the business operator in the name of the proprietor under the instant lease agreement with F, and operated from April 24, 2015.

C. On March 15, 2016, when the Plaintiff operated the instant main point, a fire by the Defendant was generated at the instant main point.

(hereinafter “instant fire”). D.

On April 29, 2016, G, a lessor of the instant main point, notified F, a lessee, of the termination of the instant lease contract on the grounds of the failure to manage the main point, the violation of a sub-lease agreement, the overdue rent and management expenses, etc., and F, the Plaintiff.

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