(영문) 제주지방법원 2018.08.22 2018나10104

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Reasons

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크기(pt)

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자간(%)

(영문) 제주지방법원 2018.08.22 2018나10104

권리금 청구의 소

Text

1. The appeal filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit is dismissed.

2. The defendant (Counterclaim plaintiff) that was changed in this court.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The reasoning for the court’s explanation on this part of the basic facts is as stated in the judgment of the court of first instance, except for the addition or dismissal of a part of the following, and therefore, they are cited by applying the main text of Article 420 of the Civil Procedure Act.

[Supplementary or additional parts] On the third part of the judgment of the court of first instance, the following shall be added.

D. On March 15, 2017, the Plaintiff provided the Defendant with the name and address of C, who intends to act as a new lessee, and sent a certificate to the effect that “the Plaintiff would enter into a lease agreement with C as it intends to recover the premium from C.” On March 20, 2017, the Defendant sent a reply to the Plaintiff on March 20, 2017, stating that “the Plaintiff’s demand constitutes a unilateral sublease contract, and the Defendant is unable to comply with the conclusion of the contract with the new lessee.” On March 20, 2017, the Plaintiff appears to be “C.”

Part 3 of the first instance judgment (based on recognition) No. 1 of the first instance judgment (based on recognition) is added to the column “A No. 4,7,8, and evidence.”

2. Determination on the main claim

A. The reasoning for the court’s explanation on this part of the judgment of the court of first instance is as follows: (a) by adding the following facts to the part No. 4 and No. 20 of the judgment of the court of first instance; and (b) by adding or emphasizing at the trial.

With the exception of additional determination in paragraph (2), the reasoning of the judgment of the court of first instance is the same as that of Paragraph (2), and thus, it is cited by applying the main text of Article 420

In addition, the following part only rejected the request of the plaintiff to conclude a contract with the new lessee on the ground that it constitutes a unilateral sub-lease contract, and first examines the personal information and financial ability of the new lessee.

or by presenting terms and conditions of the contract, etc., the intent to enter into the contract or to negotiate shall be shown.

참조조문

-민사소송법 제420조

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