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(영문) 전주지방법원 2018.08.17 2017나5160
권리금 회수방해에 대한 손해배상
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows. The court's reasoning of this case is that it rejected Gap evidence 10 to 23, which is insufficient to recognize the plaintiff's assertion due to additional documents submitted at the court of first instance, and it is identical to the reasoning of the court of first instance's judgment in addition to the addition as stated in Paragraph 2 below. Thus, it is acceptable to accept this case as it is in accordance with the main sentence of Article 4

2. The phrase "Article 10-4" at the second level of the judgment of the court of first instance, and the phrase "Article 10-4" at the second level of the judgment of the court of second instance and the phrase "Article 10-4 (Protection of Opportunity to Collect Premium, etc.) (1) No lessor shall interfere with receiving premiums from a person who wishes to become a new lessee arranged by the lessee according to the contract for premiums by engaging in any of the following acts from three months to the expiration of the lease to the expiration of the lease: Provided, That the same shall not apply to cases where any ground specified in any subparagraph of Article 10 (1) exists; 4. Otherwise, the same shall not apply to cases where a lessor refuses to conclude a lease contract with a new lessee arranged by the lessee without any justifiable ground. In such cases, the amount of damages shall not exceed the lower of the premium and the premium at the time when the lease is terminated.

"A" shall be added in front of "Plaintiff" in the third place at the bottom of the second instance judgment at the second instance.

The following details shall be added between the fourth and sixth of the judgment of the first instance:

(b).

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