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(영문) 창원지방법원 2019.10.31 2018가합52306
손해배상(기)
Text

1. The Defendant’s KRW 199,443,147 for the Plaintiff and KRW 6% per annum from July 19, 2019 to October 31, 2019 for the Plaintiff.

Reasons

1. Facts of recognition;

A. On June 1, 2016, the Plaintiff and the Defendant entered into a sublease contract with respect to D(E) located in Kimhae-si, Kimhae-si, as follows. The key contents of the contract are as follows:

(A) No. 4, hereinafter referred to as the “instant sublease contract”). This contract on Daehan (D Business Management Contract) is a contract on the whole of the stores of “D” (which may be changed to “E” -) to enter into the contract (hereinafter referred to as “this contract”) as follows, and the heir A (hereinafter referred to as “A”) and the acquirer B (hereinafter referred to as “B”) enter into this contract with respect to the faithful performance of the following:

Article 2 [Period and Contents of Contract] Objects 1: The entire area (area: 626.4 square meters): 2: the contract period: from June 1, 2016 to May 31, 2017 (12 months): 30,000,000 won (including value-added tax) monthly payment of KRW 9,90,000 (including value-added tax) monthly from June 1, 2016 to May 31, 2017: 12,90,000: the amount of additional deposit may be changed depending on the amount of additional deposit after the contract.

7) A shall provide B with a store as of May 31, 2015. Article 3 (Business Registration and Transfer) Business Registration and Business Permission are under the name of A, but there shall be rights and obligations in respect of all management.

2) A has employment, management and other rights and obligations of employees and also has legal responsibilities, duties, and dispute mediation arising in the course of the sale and management. A may, in the event of damages to a matter of responsibility related thereto, claim damages to B. 3) A may not exercise the right of management and actively cooperate in all matters necessary for the operation.

4) A bank designated by B (F bank accounts are opened and offered to B, and B shall be subject to this.

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