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(영문) 대구지방법원 2017.05.18 2016가합200808
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 12, 201, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant with regard to the lease deposit with respect to the 50 million won for the lease deposit, the 2.5 million won for rent monthly rent, and the 2.5 million won for the lease period for the lease contract with respect to the 3rd floor neighborhood living facilities and the 117m2 of the 1st floor among the residential facilities and the housing of the 3rd floor of the Daegu Suwon-gu Suwon-gu C. C. C. C. C. C. C. C and cement brick slved roof (hereinafter “instant store”).

B. Around that time, the Plaintiff was transferred the instant store from the Defendant and operated a restaurant with the trade name “D”.

C. After that, on January 12, 2014, the Plaintiff entered into a lease agreement with the Defendant with a condition that deposit of KRW 70 million, monthly rent of KRW 3 million, and the lease term of KRW 3 million from January 12, 2014 to January 12, 2015. Since the expiration of the above lease term, the Plaintiff’s lease agreement was explicitly renewed due to the lack of special objection between the Plaintiff and the Defendant.

On the other hand, on September 1, 2015, the Plaintiff entered into a contract on the transfer of rights (hereinafter “the instant premium contract”) with E to transfer “all facilities except for trade name, tables, air conditioners, and one smoke” at KRW 210 million for premium (hereinafter “the instant premium contract”) and received down payment KRW 10 million from E around that time.

E. On September 1, 2015, the Plaintiff sent to the Defendant a content-certified mail stating that “A himself/herself agrees to transfer his/her right to a restaurant to E” accompanied by the premium agreement.

F. The defendant for the same year

9. On January 12, 2016, the Plaintiff notifies the Plaintiff that the term of the lease expires and that he/she does not intend to renew the contract any longer.

‘The content-certified mail' has been sent.

G. On September 17, 2015, the Plaintiff continued to use the same trade name in another commercial building, which was established in advance and discontinued the business at the instant store.

H. The plaintiff has the same year

9.18. E.

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