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(영문) 인천지방법원 2015.06.11 2014가단18789
손해배상(기)
Text

1. The Defendant: (a) KRW 10,000,000 for the Plaintiff and 5% per annum from April 26, 2013 to June 11, 2015.

Reasons

Basic facts, such as the acquisition and closure of the restaurant by the plaintiff, the defendant operated the restaurant (hereinafter referred to as "the restaurant of this case") in the name of "D" on the Gyeyang-gu Seoul and the first floor of Incheon.

Article 2 (Transfer of leased Articles) The transferor shall deliver the above real estate to the transferee by the day immediately before the commencement of the lease contract, and the transferor shall remove all the obstacles to the exercise of the right of lease and shall, at the same time as the receipt of any balance, deliver all the facilities and business rights to the transferee so that the transferee can conduct the business immediately.

On April 9, 2012, the Plaintiff entered into a contract with the Defendant for acquisition or transfer of the right to acquire the facilities and goodwill of the instant restaurant in KRW 48,00,000 for the premium, and paid KRW 48,00,000 for the premium to the Defendant.

The terms of the transfer contract are same.

On April 27, 2012, the Plaintiff, the owner of the building, entered into a lease agreement with E and the “25,000,000 won for lease deposit, monthly rent of KRW 2,050,000 for lease, and the term of lease from April 28, 2012 to April 27, 2014, and commenced the instant restaurant business from around that time.

On April 26, 2013, the Plaintiff closed the restaurant of this case.

The main main domain New York of the restaurant of this case refers to the Gawinging, laging, laging, laging, distribution, back-up, laging, the bones of lag, laging, laging, and laging.

From June 13, 2012 after the transfer of the instant restaurant, the Defendant, in the name of the Defendant’s spouse on June 13, 2012, took over in KRW 90,000 the Incheon Gyeyang-gu G and 101 the “H” restaurant in the name of the Defendant’s spouse at KRW 700 meters away from the instant restaurant, and opened the restaurant in the name of “I” around July 18, 2012.

On September 11, 2014, the Defendant closed “I”.

The major metra New, “I,” such as Amoishing, Amosing, laging, backing, lavering, laverll, lapsing, lavering, reging, and laging, etc.

[Ground of recognition] A without any dispute, Gap's 1 through 4, 7, 8, 10, 11, Eul's 9, 10, 15, issues of the whole pleadings, and the parties' arguments.

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