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(영문) 대전지방법원 2015.11.18 2015가합1622
손해배상 등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company that engages in wholesale and retail business of communications equipment by concluding an agency contract with KSV Co., Ltd., and Defendant C is the husband of Defendant D, the representative of the Defendant Company, who actually operates the Defendant Company.

B. From around 2009, E operated a mobile phone store with the trade name “H” by leasing subparagraph 1 of the Daejeon E-gu G from F. The Plaintiff was an employee.

C. On July 2012, E transferred the right of lease and goodwill concerning the Defendant Company and the aforementioned mobile phone store (hereinafter “instant store”) with the consent of the lessor.

On August 1, 2012, the Plaintiff entered into a contract on the sublease and operation of the instant store (hereinafter “first contract”) with the Defendant Company to pay KRW 6,000,000 per month (hereinafter “monthly payment”) instead of paying deposit, facilities, and goodwill premium to the Defendant Company. The Plaintiff directly paid KRW 1,250,000 per month to the lessor F as the rent for the instant store, and if the mobile phone sold by the Plaintiff is less than 80 units per month, the Plaintiff shall pay KRW 10,000 per month to the Defendant Company under the personal name.

From that time, the Plaintiff operated the instant store with the name of “I” with the consent of the lessor.

E. On November 30, 2012, the Plaintiff changed to pay 50,000 won per unit to the Defendant company where the mobile phone sold by the Plaintiff falls short of 60 units per month among the contract No. 1, the Plaintiff paid 50,000 won per month to the Defendant company. The amount of monthly payment shall be reduced to 4,00,000 won. The Plaintiff paid 10,000,000 won to the Defendant company until November 30, 2012, and if the Plaintiff pays the remainder of 180,000,000 won to the Defendant company, the Defendant company transfers the right to lease and the right to operate the instant store to the Plaintiff.

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