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(영문) 부산지방법원 2018.04.13 2017나51167
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On November 4, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on a deposit of KRW 20 million, monthly rent of KRW 700,000,000, and from November 9, 2015 to November 9, 2017, with the term of lease of KRW 24 months (hereinafter “instant lease agreement”).

B. On November 9, 2015, the Plaintiff received the instant store from the Plaintiff, and paid KRW 10 million to the Defendant for the name of the premium, such as the cost of fixtures. The Plaintiff began to engage in the Korean-style gift business at the instant store.

C. On January 2016, the Plaintiff left the instant store and received 8.8 million won from the Defendant for the name of premium, etc.

On January 13, 2016, the Defendant sold the instant store in KRW 650 million to D and E.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 5, 6, 10, Eul evidence Nos. 1, 6, and 8, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion that the defendant had already set up the store of this case in a 2-year form, and concluded the lease contract of this case by deceiving that it was not possible to continue the lease contract with the plaintiff. After selling the store of this case, the plaintiff unilaterally discarded the house, equipment, etc. owned by the plaintiff and removed the plaintiff from the store of this case without settling the cost.

The defendant's act constitutes a tort, and around the other hand, the defendant should pay to the plaintiff the amount equivalent to 2.10,528 won for unclaimed premium due to damages caused by the tort, 2.4 million won for the repair of the store of this case, and 11,210,528 won for the purchase of signboards, air conditioners, office fixtures, and fixtures installed by the plaintiff at the store of this case (=2,00,000 won for 2.10,528 won for 4,000,528 won for 5,000,000 won for the purchase of signboards, air conditioners, office fixtures, and fixtures installed by the plaintiff at the store of this case).

Preliminaryly, the defendant shall pay the plaintiff the above amount as consolation money.

(b) judgment;

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