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(영문) 서울남부지방법원 2017.07.14 2016가단16348
점포인도
Text

1. The defendant shall display to the plaintiff a map attached to the plaintiff, which is located in the upper half-ro, Jung-gu, Seoul, Seoul, in the upper half-ro, 297 (Reward-dong).

Reasons

1. Facts of recognition;

A. The Plaintiff is a subsidiary in which the Korea Railroad Corporation made an investment of 100%, and is a company that renders support to the original family services by running its store business in the railroad station, advertising, and rendering services.

B. On February 3, 2015, the Plaintiff entered into a specialized store operation contract with the Defendant selected through an open bid, as to the size of 52.35 square meters in the part of the shop (Ga), which is located in the upper wing Station located in Jung-gu, Seoul, and the upper 297 (Gaon-dong). On January 11, 2016, the Plaintiff concluded a specialized store operation contract (hereinafter “instant contract”) with the end of December 31, 2016.

Accordingly, from March 2015, the defendant has been running the pump sport business by occupying the store of this case from March 2015.

C. In addition to the instant store, the Defendant concluded and operated a specialized store operation contract with the Plaintiff on two stores within the lusical station and the lusical station.

At the time of the instant contract, the Plaintiff and the Defendant concluded the “Special Agreement on the Prevention of Transfer and Entrustment of Management” (hereinafter “the instant Special Agreement”), and the content thereof, where the Defendant, under which the instant contract was concluded, violated the provisions that the Defendant shall not sell or transfer or provide all or part of the contractual status, rights and duties, and relevant facilities to a third party, and shall not entrust a third party with all or part of the management thereof, the contract may be terminated immediately without notice of performance pursuant to Article 36(2) of the instant contract.

E. However, on June 2015, the Defendant entrusted a third party with the management of a luminous store, other than the instant store, which is another store (hereinafter referred to as “a luminous station store”). On February 2016, the Plaintiff discovered the fact from the audit office and subsequently expressed his/her intention to terminate the instant contract against the Defendant.

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