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(영문) 창원지방법원 2016.11.18 2015가단87892
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Defendant B and his spouse jointly own the two-story building D’s window in Changwon-si (each co-ownership share 1/2) (hereinafter “instant store”). Defendant B again leased the said building to the Plaintiff from January 20, 201 to January 20, 201, with the lease deposit of KRW 70,000,000, monthly rent of KRW 1,90,000, and the lease period of KRW 1,90,000,00 from January 21, 201 to January 20, 2013, but the Plaintiff leased the lease deposit of KRW 70,000,000,000, KRW 2,300,000, KRW 200,000 from March 20, 2014 to January 20, 2013 (hereinafter “E store”).

B. On October 15, 2015, the Plaintiff agreed to transfer the restaurant to F while the maturity date of the instant lease agreement expires, and the Plaintiff agreed to pay the Plaintiff a total of KRW 54,00,000,000 with F to take over all tangible and intangible property value, such as business facility expenses, customers, credit, business know-how, etc. for the instant store from the Plaintiff. On the same day, the Plaintiff entered into a contract for the intermediate payment of KRW 5,00,000, KRW 20,000 on October 19, 2015, KRW 29,000,000, KRW 20,000, and KRW 29,000 on January 31, 2016 (in cases where the lease agreement has not been concluded between the lessor and the new lessee by not later than the enforcement date of the lease agreement, each of the above contract for the intermediate payment of KRW 50,000,00,000,00 on the same day.

Article 2 (Duties of Lessees) (1) A lessee shall arrange for a new lessee to a lessor, and a lease contract may be concluded between a lessor and a new lessee.

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