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(영문) 대전지방법원 2019.10.17 2018가단10613
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. On January 17, 2014, the Plaintiff entered into a lease agreement with the Defendant to lease a store of 11.25 square meters (hereinafter “instant store”) on a monthly and monthly basis and from January 17, 2014 to July 15, 2014 (hereinafter “instant lease agreement”) with the end of the period from January 17, 2014 to a store of 11.25 square meters (hereinafter “instant store”) among the 1st floor of the building located in the Jung-gu Daejeon-gu Seoul Special Metropolitan City, Daejeon Special Metropolitan City, which was owned by the Defendant, and carried out mobile phone service after delivering the instant

On July 15, 2013, separate from the instant lease agreement, the Plaintiff entered into a special agreement purchase agreement with the Defendant (hereinafter “the instant special agreement purchase agreement”). The instant special agreement purchase agreement is in the form that the Defendant purchases goods on credit from the Plaintiff and pays the sales proceeds after deducting sales proceeds from the sales proceeds from the sales proceeds, and the term of validity of the contract is from July 15, 2013 to September 31, 2013, and the contract officer or the counter-party fails to make a separate declaration on the renewal of the contract, such as whether the contract terms are modified or extended to the other party by 30 days before the expiration of the contract term (hereinafter “instant provision”).

On September 30, 2013, the Plaintiff and the Defendant entered into an additional agreement for the extension of the period (from October 1, 2013 to July 15, 2014, the term of the contract was extended) and the special agreement was continued without any additional agreement for the extension of the period, and the Plaintiff and the Defendant entered into the instant special agreement for the period of contract on December 31, 2014 to December 31, 2015. The additional agreement for the extension of the period of contract was concluded (from January 1, 2016 to December 31, 2016) and the additional agreement for the extension of the period was the same as the remainder of the period of each special agreement and the additional agreement for the extension of the period of contract were the same.

On December 30, 2015, the Defendant demanded the Plaintiff to terminate the instant lease agreement and conclude only the purchase agreement of the instant special agreement after the termination of the period of additional agreement for the extension of the period.

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