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(영문) 인천지방법원 2019.04.16 2018나2189
약정금등
Text

1. The part against Defendant C in the judgment of the first instance is revoked, and the Plaintiff’s claim against Defendant C is dismissed.

2...

Reasons

1. Facts of recognition;

A. On July 1, 2013, the Plaintiff entered into a lease agreement with the Korea Railroad Corporation and the Defendant’s commencement of its business, with a rent of KRW 10,950,00 (including value-added tax) for the rent of KRW 10,950,00,00 located on the second floor of 1,00,00,000, located on the 52.9 square meters located on the 2nd floor of the Jeonju-gu, Incheon, Bupyeong-gu, Incheon, and between July 1, 2013 and June 30, 2014, the Plaintiff entered into a lease agreement with the Korea Railroad Corporation on March 21, 2014, with a rent of KRW 52.9 square meters located on the second floor of the 2nd floor of the 40,903,000 ( separate value-added tax) and the lease agreement for the use of agricultural and fishery products to be additionally leased from March 21, 2014.

The above persons shall agree as follows:

- Cases concerning the operation of the Plaintiff D Station (agriculture & fishery, livestock sales), - All basic matters shall correspond to the operation policy and the terms and conditions of the contract.

- All expenses and public charges incurred in the operation of stores shall be borne by Defendant B.

- Defendant B shall keep the agreed deposit amount of KRW 30,000,000 against the occurrence of the store operation problem in the Plaintiff.

- When operating the store, Defendant B shall pay to the Plaintiff the operating fee of KRW 4,000,000 per month.

- The total management operator of the store operation is Defendant B.

- A civil or criminal liability arising from the operation of a store shall be Defendant B.

3) Meanwhile, around July 2013, the Plaintiff prepared the following documents with Defendant B as the title of “Agreement on Entrustment of Sales System Operation”. From July 2013, Defendant B, who leased from the Korea Railroad Corporation, started the sales business of agricultural and fishery products (i.e., 4. m., 52.9mm2, 44m2, 52.9m2, hereinafter “instant sales outlet”).

B. On July 11, 2014, the Korea Railroad Corporation (hereinafter “Korea Railroad Corporation”) shall hold office for the instant sales outlet (the Plaintiff was confirmed to be a substitute).

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