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1. The judgment of the first instance, including the Defendant (Counterclaim Plaintiff)’s counterclaim added by this court, is as follows.
Reasons
1. The reasons why this court should explain this part of the basic facts are the same as the part of the “basic facts” judgment of the court of first instance, and thus, this is accepted by the main text of Article 420 of the Civil Procedure Act.
2. Determination on the main claim
A. Since the Defendant asserted that the Plaintiff breached the instant special agreement by leasing part of D as “G,” after entering into the instant lease agreement, the Plaintiff’s delivery of a copy of the main office of this case, thereby cancelling the instant lease agreement.
Therefore, the Defendant is obligated to pay the Plaintiff KRW 40,000,000 for the premium paid to E in compensation for damages and return KRW 30,000,000 for the lease deposit.
B. On March 12, 2012, J operated a restaurant with the trade name “I” from the time when the Defendant leased Nos. 6, 8-1 to 3, 1, 2, 5, and 8-1 to 3, respectively. (A) On March 12, 2012, the court of Justice: (a) on March 12, 2012, leased No. 411 from the Defendant, and thereafter, operated a restaurant with “I”.
B) On July 3, 2013, H acquired the business rights, etc. of “I” from the J, and on July 3, 2013, the Defendant leased “I” No. D 111, and the Defendant agreed upon by a special agreement that the same type of business in D will not be leased. C) On July 4, 2013, the following day after the date when H entered into a lease agreement with “I,” the Defendant agreed that the same type of business in D will not be leased by a special agreement. D) after entering into the said lease agreement, H operated “I” in subparagraph 111 of the D1st floor and changed its trade name from June 2014 to “G” and started the business of the Plaintiff, the same type of business as the Plaintiff, the sales amount of the instant commercial building for the year 125,689, 273 (average KRW 104,106, Oct. 14, 2014).
6. For six months until October, 30, sales amount is KRW 44,564,598 (average 7,427,433 won per month), and for four months from July 1, 2015 to October 26, 2015, sales amount is KRW 22,627,272 (average 5,656,818 won per month).