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Reasons
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(영문) 부산지방법원동부지원 2019.11.27 2017가단217054
손해배상(기)
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1. Defendant C’s KRW 24,764,00 for Plaintiff A and 5% per annum from November 3, 2017 to November 27, 2019, respectively.

Reasons

1. Facts of recognition;

A. The Plaintiffs are women, and Defendant C and Defendant D are women.

B. On April 26, 2012, Plaintiff A, a child, entered into a lease agreement with Defendant C on the whole of the F and the first floor (hereinafter “instant store”) of the Busan-gun, Busan-gun, KRW 10,000,000, monthly rent of KRW 450,000, and the term of lease from May 8, 2012 to May 7, 2014 (hereinafter “instant lease agreement”).

C. On May 18, 2012, Plaintiff A completed business registration under the name of Plaintiff B, and operated “G” at the instant store from May 18, 2012, and changed the name into “H”.

Plaintiff

A and Defendant C agreed to renew and maintain the instant lease agreement and extend it for a period of one year around April 2016, and Plaintiff A delivered the instant store to Defendant C around May 13, 2017 upon the termination of the instant lease agreement on May 7, 2017.

E. On April 7, 2017, Plaintiff A introduced Defendant C with the nameless female as a new lessee to recover the premium, but Defendant C refused to conclude a lease agreement on the ground that the instant store was no longer intended to lease.

F. From May 31, 2017, Defendant C has completed business registration under the name of Defendant D, a child, and operates the instant store with the burden of “I”.

G. From around 1971 to a considerable period of time, Defendant E operated “H” (hereinafter referred to as “former H”) in the vicinity of the Busan District Department for a considerable period of time. Defendant E received KRW 2,00,000 from Plaintiff around May 2012 from Plaintiff and worked at Plaintiff A’s above share at the Plaintiff’s above share at the Plaintiff’s share of production. Defendant C served in “I” following the year.

H. Plaintiff A delivered the instant store to Defendant C, and thereafter, from May 2017 to the present day, operated “H” on the K and the first floor of the Busan-gun, Busan-gun, and the first floor.

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