logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.01.21 2019나28743
손해배상(기) 등
Text

1. The plaintiff's claim added in the trial and the plaintiff's appeal are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. On August 25, 2016, the Plaintiff entered into a lease agreement with the Defendant to lease each of the lease deposit amounting to KRW 25 million, monthly rent of KRW 1700,000 (after August 31, 2016), and between August 31, 2016 and August 31, 2018 (hereinafter “instant lease agreement”). From around that time, the Plaintiff operated a restaurant business with the trade name “E” (hereinafter “instant business”).

B. On June 17, 2017, the Plaintiff entered into a contract with F to transfer the instant store business at the instant store at KRW 20 million for premium (hereinafter “the first right transfer contract”) and cancelled the contract. On August 10, 2017, the Plaintiff again entered into a contract with F to transfer the instant store at KRW 10 million for premium (hereinafter “the second right transfer contract”) with F, and requested the Defendant to enter into a lease contract with F as a new lessee, and the Defendant entered into the lease contract with F on August 10, 2017, with F as the Plaintiff’s recommendation, with the lease deposit at KRW 25 million for rent and KRW 17 million for rent and KRW 17 million for rent (after December 12, 2017), from August 12, 2017 to August 18, 2017, respectively.

C. F around August 16, 2017, around August 16, 2017, sold the instant store and operated restaurant business in the name of “G” from August 28, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 2, 4, and 5, the purport of the whole pleadings

2. The assertion and judgment

A. (1) On June 17, 2017, the Plaintiff entered into the first right transfer contract, which transfers the instant business to H with the premium of KRW 20 million, and the Defendant prevents H from paying KRW 10 million or more as the premium for the instant store, and thereby, it is between H and H on August 10, 2017 upon the cancellation of the first right transfer contract.

arrow