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(영문) 인천지방법원 2017.07.05 2016가단41646
손해배상
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. On November 7, 2015, the Plaintiff asserted that: (a) the Plaintiff had been awarded a contract for the operation of the restaurant that the Defendant leased and opened by the Defendant; and (b) the Plaintiff was responsible for operating the restaurant monthly rent of KRW 2,500,00; (c) on June 7, 2016, the Defendant notified the Plaintiff of the cancellation of the said contract; and (d) thereafter, the Defendant operated the said restaurant, and the Plaintiff left the said restaurant; (c) accordingly, the Defendant was liable to compensate the Plaintiff for consolation money equivalent to KRW 21,00,000, monthly wage of KRW 3 million for seven months from November 17, 2015 to June 7, 2016, which is the date on which the termination of the contract was notified; and (d) the Plaintiff’s development cost of KRW 5,00,000,000 and KRW 25,000,0000 for each five new-person’s development cost;

2. Facts of recognition;

A. From October 7, 2015, the Defendant leased the Nam-gu Incheon Metropolitan City C and 101 of the first floor to KRW 20,000,000, monthly rent 2,50,000, and the rental period from November 7, 2015 to November 7, 2017.

B. On November 17, 2015, the Plaintiff and the Defendant: (a) borne the security deposit by the Defendant; (b) installed internal interior interior interior interior interior interior interior interior facilities and kitchen facilities with the permission of restaurant; and (c) opened a restaurant called “D” on the Nam-gu C and the first floor of Incheon Metropolitan City (hereinafter “instant restaurant”); and (d) concluded a contract for the restaurant operation as follows, under which the Plaintiff invested operating expenses of the instant restaurant, and operated the instant restaurant as an independent acid.

1) The Plaintiff is entitled to full discretion in the operation of the restaurant, and the Plaintiff complies with and is responsible for compliance with the Tax Accounting Act, the Food Sanitation Act, and the Public Health Act. 2) The Plaintiff bears the interest of twice a month on the monthly rent of 2,500,000, management expenses, and the amount invested by the Defendant in the restaurant.

3) The Plaintiff is responsible for, and benefits from, the restaurant operation expenses (such as raw and subsidiary materials, electricity, water, gas, employees’ pay, tax accounting expenses, and miscellaneous expenses). 4) The Plaintiff is the Defendant when the profits accrue from the operation of the restaurant.

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