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(영문) 부산지방법원동부지원 2015.02.12 2014가합1170
권리금반환 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The term of lease under Article 2 (Contract Period and Extension) (1) of the basic facts shall be from July 1, 2013 to June 1, 2017;

(Period of Contract between the Defendant and E) Article 4 (Deposit and Monthly Rent) Deposit shall not be made.

A monthly rent shall be determined by a separate consultation before the expiration of the period of full-time (excluding additional tax) of the monthly rent.

From December to December 2013, 2013, the rent may be adjusted by mutual agreement.

(1) Article 7 (Termination of Contracts and Compensation for Damages) (1) of the monthly rent for rental deposit (a) The Defendant shall notify the Plaintiff in writing of his intention to terminate the contract in any of the following cases. In this case, the Defendant may terminate the contract when he notified the Plaintiff of his intention to terminate the contract by setting a grace period of 15 days from the date of the notification and

① When the Plaintiff is delinquent in paying the prescribed monthly rent and the payment under Article 5 (1) (2) (3) for not less than two months, ③ In the event that the Plaintiff breached or violates its obligations under this contract and management regulations, (2) in the event that the Plaintiff’s failure to perform or violates its obligations, due to the Defendant’s fault, the Defendant shall compensate for the damages.

On June 25, 2013, the Plaintiff and the Defendant concluded a sub-lease contract (hereinafter referred to as the “sub-lease contract of this case”) on the buildings and land located in Busan Shipping Daegu Ccafeteria (hereinafter referred to as the “instant restaurant”), and the main contents thereof are as follows:

- Contract for rights and takeover of business - Article 1 - Subject matter of business takeover - All physical facilities and employees related to the business of the transferor as of the base date of business division, and all rights and obligations related to the business operation of the transferor as of the base date of business takeover.

Provided, That the transferee shall not be liable for all obligations and contingent obligations of the transferor that have not been recorded or consulted on the date of business takeover, and the transferor shall dispose of obligations.

In addition, at the same time as this contract is concluded, facilities and equipment which the transferor has in the workplace.

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