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(영문) 의정부지방법원 2017.11.16 2016가단11820
손해배상(기)
Text

1. The plaintiff

A. Defendant E’s KRW 51,357,181 and for this, KRW 5% per annum from January 13, 2016 to November 16, 2017.

Reasons

1. Facts of recognition;

A. On February 5, 2014, Defendant E entered into a lease agreement between Defendant E and B, between Defendant E and B, with respect to a store with the trade name “Grain Bank” located on the F of Gyeonggi-si F (hereinafter “instant store”), the lease agreement was concluded between Defendant E and B at KRW 5,000,000, monthly rent, and KRW 600,000.

B. As the use of the instant store building becomes “living facilities and housing”, Defendant E without permission was unable to obtain permission for entertainment tavern business from the competent administrative agency, Defendant E engaged in entertainment tavern business without permission, and Defendant E engaged in entertainment tavern business without obtaining permission from the competent administrative agency upon obtaining business registration and permission for entertainment tavern business with the place of business as the place of business, and without obtaining permission from the competent administrative agency.

C. On January 12, 2016, the Plaintiff entered into a lease agreement between the Plaintiff and B with regard to the instant store as the lease deposit amount of KRW 5,000,000, monthly rent of KRW 600,000, and period of lease from January 15, 2016 to 24 months. The Plaintiff granted KRW 5,000,000 as the deposit money, and KRW 10,000 as the premium for the acquisition of facilities of the instant store to Defendant E, respectively.

Defendant E and B conspired with the Plaintiff on January 19, 2016 for the purpose of uttering the private document forgery and its event 1) Defendant E and B in collusion with the Plaintiff and affixed the seal in the name of the Plaintiff, which was obtained in advance from the Plaintiff as a necessary procedure for business succession, such as business registration, after stating “A” in the tenant column, and affixed the seal in the name of the Plaintiff, which was obtained in advance from the Plaintiff on January 15, 2016, in collusion with Defendant E and B, with the real estate display column, for the purpose of conducting the business succession. In addition, Defendant E and B conspired with the Plaintiff on January 15, 2016.

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