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(영문) 서울서부지방법원 2019.11.13 2018가합34551
손해배상(기)
Text

1. The Defendant’s KRW 30,000,000 and the Plaintiff’s annual interest thereon from June 1, 2018 to November 13, 2019, and the following.

Reasons

1. Basic facts

A. The Defendant newly built and sold “F”, which is a neighborhood living facility or business facility, on the ground, including the Eunpyeong-gu Seoul Metropolitan Government 942 square meters and E large 314 square meters (hereinafter “instant commercial building”).

B. On June 5, 2014, the Plaintiff entered into a lease agreement with the Defendant to rent Ghoho Lake and Hho Lake (hereinafter “instant store”) among the instant commercial buildings by setting the type of business as dental license, without selling Ghoho Lake and H among the instant commercial buildings.

C. On October 27, 2014, I and J completed the registration of ownership transfer with respect to each of 1/2 shares on September 14, 2015.

On September 15, 2015, the Plaintiff entered into a lease agreement to lease the instant store from I and J under the same conditions as the said lease agreement on June 5, 2014. At present, the Plaintiff is operating dental services with the name “K dental clinic” as the name of “K dental clinic.”

L and its ASEAN, on September 11, 2015, entered into a contract for sale in which the Defendant and the buyer enter into a joint name L and M with L to purchase N among the instant commercial buildings (hereinafter “L, etc.”) and completed the registration of ownership transfer on April 29, 2016, respectively.

E. Meanwhile, on April 18, 2016, prior to the completion of the above registration of ownership transfer, theO entered into a lease agreement with L, etc. to lease the above No. n, etc., and from July 1, 2016, theO operated dental clinic with the trade name of “Pental clinic.”

F. At the time of the sale of the instant store, the Plaintiff and L guaranteed “the right to exclusively operate a dental clinic at the instant store,” and L et al. also sold the said Nos. with the consent of “the right to exclusively operate the dental clinic at the instant store.” However, L et al. andO operated the dental clinic in violation of the foregoing industry-restricted agreement, or conducted it in violation of the foregoing category of business-restricted agreement.

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