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(영문) 창원지방법원 진주지원 2018.02.23 2017가단35010
기타(금전)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 1, 2012, the Defendant entered into a lease agreement with the Home Pers Co., Ltd. (hereinafter “ Home Persers”) on the lease of D stores 1st, X8Y9, Ecop in Jinju-si, and operated a coffee shop with the trade name “F store” around that time.

B. On August 10, 2015, the Plaintiff entered into a business comprehensive transfer agreement with the Defendant that the Plaintiff is obligated to comprehensively transfer all the facilities and goodwill of the instant store from the Defendant to KRW 106,00,000 (hereinafter “instant transfer agreement”) and paid the said amount to the Defendant around that time.

C. On September 15, 2015, the Plaintiff, the Defendant, and the Home Plusor agreed to transfer the lessee’s status to the Plaintiff under a lease agreement concluded with the Home Plusor, and the Home Plusor’s consent thereto.

On September 1, 2015, the Plaintiff entered into a lease agreement to lease the instant store by setting the lease term from September 1, 2015 to August 31, 2016, and thereafter the Plaintiff and Home Plusss have renewed the lease term from September 1, 2016 to August 31, 2017.

E. Around July 2017, the Home Puller notified the Plaintiff that he/she did not wish to renew the instant lease agreement with respect to the instant store.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including branch numbers in case of additional number), the purport of the whole pleadings

2. Determination as to the cause of claim

A. The Defendant’s husband G, who asserted by the Plaintiff and the Defendant, represented by the Defendant, is entitled to request renewal of the contract with the Home Pler at the time of the conclusion of the instant contract for the transfer of business, to the Plaintiff and the Plaintiff’s mother’s mother, and “The Act has the right to demand renewal for five years,” and “E” has the right to operate the business at the headquarters to live with the Defendant at the home Pler and to the same end, which is established at the national store for the benefit of living with the old age of retirement. Therefore, in fact, the lessee

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