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(영문) 제주지방법원 2018.06.21 2017가단54663
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 15% per annum from June 20, 2017 to the day of complete payment.

Reasons

1. Facts of recognition;

A. From around 2007 to 2008, Defendant Dongin operated the ancient flag with the name of “F” as the co-owner of the instant real estate D and E, the instant real estate co-owner.

B. Around December 3, 2012, the Defendant leased the instant real estate for the lease period of five years from D and E.

(However, the lessor’s name was E’s husband D). The Defendant has taken over the considerable quantity of the business facilities installed or kept in the above shop from the Defendant’s Dong-ro, who operated the above shop, and operated the restaurant of “G” which is similar to the above high flagpoles and the items to be handled.

On the other hand, the defendant, around July 1, 2015, changed the name of the business operator to Ha because it is necessary for the property relationship between the defendant and the defendant and the defendant H, but only changed the name of the business operator.

C. The Defendant was placed in the position to deliver G to D and E with the premium at all over five (5) years for the leased period under the contract and five (5) years for the protection under the Commercial Building Lease Protection Act. As such, the Defendant transferred G’s goodwill to another person, and as a price for transferring the premium to G advertising from around 2016 for the purpose of getting the premium to be protected, it did not seem to have any significance.

Of that, the Defendant decided to transfer G business rights to the Plaintiff, and requested the Plaintiff to consent to transfer the above business rights, but the Plaintiff failed to obtain consent. The reason was that E is expected to sell the G building immediately and that E did not think of re-lease upon the expiration of the lease period established with the Defendant.

Therefore, the defendant could not transfer G business rights to the plaintiff.

E. However, the defendant is thereafter called E through East I.

consent to the transfer of goodwill as described in paragraph (1).

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