Text
1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The Plaintiff (Counterclaim Defendant) is KRW 980,000,000 against the Defendant (Counterclaim Plaintiff).
Reasons
1. Determination on the main claim
A. On December 3, 1981, the Plaintiff asserted that the Plaintiff leased the first floor 8 of the D Building in Jongno-gu Seoul Metropolitan Government (hereinafter “instant store”) from around December 3, 1981, and carried out a synthetic leather original Do and retail business with the name of F until the lessor terminates the lease agreement.
However, around February 10, 2014, E leased the instant store to the Defendant, and the Defendant sold the synthetic leather Won with the trade name G.
On the other hand, after the termination of the lease contract for the instant store, the Plaintiff installed the display stand on the front of the instant store and sold the synthetic leather originals. On February 14, 2014, the Defendant transferred the Plaintiff’s display stand, originals, etc. (hereinafter “instant originals, etc.”) to a neighboring news report, and again moved the original parts, etc. to a neighboring road again on the 24th of the same month.
Since then, the original group, etc. of this case was destroyed by the removal execution of Jongno-gu Office.
Therefore, the Defendant shall pay to the Plaintiff KRW 138,978,400, out of the total amount of KRW 36,700,000, which is equivalent to the price of the instant original group, and KRW 138,978,400, which is the actual income from February 14, 2014 to March 10, 2015, and KRW 3,971,000, which was paid by the Plaintiff to raise the goods to be sold, and KRW 30,000,000, which was paid by the Plaintiff to the Plaintiff to raise the goods to be sold, and KRW 209,694,40,000,000.
B. (A) From December 3, 1981, the Plaintiff leased the instant store to engage in the Do and retail business. The lessor terminated the lease contract on January 29, 2013. Since then, the Plaintiff installed the display stand on the road in front of the instant store and continued to operate the business.
B) On December 9, 2013, E leased the instant store to the Defendant, and the Defendant began to engage in the wholesale and retail business at the instant store. C) The Defendant was different on February 14, 2014 from the instant unit, etc. established by the Plaintiff on the front road of the instant store.