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(영문) 전주지방법원 군산지원 2014.01.07 2013고정580
업무방해
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The Defendant in the facts charged is a person who operates a gold bank in the following cities:

On May 5, 2011, the Defendant completed the business registration of the injured party G G general restaurant located in the F in the Hasan-si in the name of the Defendant.

After that, around April 30, 2013, the Defendant arbitrarily reported the closure of the above HH general restaurant business and cancelled its business registration, thereby obstructing the victim’s work by force.

2. The defendant asserts that since the defendant reported the closure of business with the victim's explicit or implied consent, it does not constitute a obstruction of business by force and is not unlawful in reporting the closure of business.

3. Determination

A. (1) On September 2, 2010, the Defendant entered into a real estate lease agreement between I, J, and K on October 1, 2010 to September 31, 2012, under which the lease term is KRW 10 million, the lease deposit is KRW 900,000,000,000, and paid KRW 10,000,000,000,000,000,000 for the lease deposit.

However, in fact, L, a pilot of the defendant, operated a heavy string point in the real estate of this case, and was paid monthly rent to the above lessor.

(2) On March 201, 201, the victim G decided to conduct an ordinary restaurant business with the trade name “H” on the instant real estate as the introduction of L. However, the Plaintiff installed two containers on the instant real estate and allowed L to use the instant real estate as a middle string store.

On April 19, 2011, the victim entered into a lease agreement between the defendant on April 19, 201 with the lease term from April 19, 201 to September 30, 2012, with the lease deposit amount of KRW 3 million and KRW 500,000,000 for monthly rent.

On April 201, 201, the victim had registered the business and reported the general restaurant business in his/her name and operated the “H” without paying KRW 3 million of the lease deposit.

Meanwhile, there are real estate lease agreements made between the defendant and M as of October 1, 2010 between the defendant and M, which are M.

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