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(영문) 대구지방법원 2017.09.20 2016가단108882
손해배상(기)
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. On January 28, 2013, the Plaintiff entered into a sub-lease agreement with Defendant C, a licensed real estate agent, under which the name of the lessee is about 10 square meters of the remaining copon (hereinafter “instant store”) among the entire first floor of the commercial building located in Busan Metropolitan City E (hereinafter “instant commercial building”) leased by Defendant B and Defendant B, as the broker of Defendant C, and the period of sub-lease is from February 19, 2013 to February 18, 2015 (hereinafter “the instant commercial building”).

On February 4, 2013, when the name and resident number, address, and contact number of the lessor D are stated and the seal of D is affixed, Defendant B delivered to the Plaintiff a letter of sub-lease (Evidence 3-1 of the Evidence No. 3).

On January 20, 2013, the Plaintiff decided to take over the rights and facilities of the instant store from G, the former lessee of the instant store, and paid KRW 18,000,000 as the premium for the instant store.

After receiving the delivery of the instant store, the Plaintiff operated a camera with the trade name “H” at the instant store.

Around October 2014, the Defendant entered into a contract on the transfer of the right to lease of the commercial building of this case to I, and transferred the contract around May 2015.

On May 2015, the Plaintiff changed the name of the business operator for the instant store from F to J (spouse). Around that time, the Plaintiff concluded a sub-lease contract with F to “15,000,000 won per annum (12 months in advance per annum 14,400,000 won per annum 1,200,000 won per annum), and the sub-lease period from February 19, 2015 to February 18, 2016.”

On May 11, 2015, Defendant B issued to the Plaintiff a written consent of sub-lease (No. 3-2) as of May 11, 2015, on which the name and resident number, address, and contact number of the lessor D are indicated, and the seal of the D’s seal is affixed.

around May 2015, Defendant B, J, and I have the right and duty to sublease between Defendant B and J.

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