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(영문) 대전지방법원 2019.07.18 2018가합101394
손해배상(기)
Text

1. The defendant himself/herself or third party in Daejeon Metropolitan City by September 10, 2035.

Reasons

1. Basic facts

A. On November 1, 2012, the Plaintiff’s “C” restaurant business takeover 1) D, from the Defendant, made business registration on November 1, 2012, with the trade name “E,” and changed the trade name to “C” when operating a Spain specialized restaurant on the Seo-gu F and the first underground level (see evidence A No. 4). On September 11, 2015, the Plaintiff transferred the above “C” restaurant’s business from D to KRW 55,00,000 (only indicate the part in this case and the part in question) as follows:

hereinafter the same shall apply.

2) On September 11, 2015, the Defendant, a partner of the above D, was entitled to receive the premium agreement for the lease of a commercial building (Evidence A No. 1) from the restaurant “C” and understood and recognized all matters regarding the special agreement as follows. The Defendant signed the premium agreement on the lease of a commercial building on the basis of the following:

A premium contract for the lease of a commercial building [Indication of the commercial building which is the object of lease] shall be paid to the lessee (referring to the plaintiff) for the first floor of the underground floor of the Seo-gu Seoul Special Metropolitan City F building [the content of the contract] under Article 1 (Payment of Premium) (referring to the plaintiff) as follows:

Total premium amounting to KRW 5,000,000 down payment of KRW 6,000,000 shall be paid at the time of the contract and received KRW 49,00,000 shall be paid on September 21, 2015.

Article 2 (Duties of Lessees) (2) A lessee shall cooperate in the transfer of telephone subscription rights, abolition of business registration, etc. so that a new lessee may commence his/her normal business.

(3) A lessee shall transfer the following tangible and intangible property value in return for premiums until a new lessee pays any balance:

The business interest, etc. [Special Provisions] of intangible property value customers, credit, business know-how, and commercial buildings depending on the location of the commercial buildings, such as tangible property value business facilities and fixtures, etc.

3.The chain in Daejeon will run under mutual consultation at the time of open opening.

(Guarantee of Exclusive Rights to the Daejeon Operation) The same Qua New,

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