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(영문) 부산지방법원 동부지원 2018.01.19 2017가합101750
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Defendants jointly operated the instant PC bank (hereinafter “instant PC bank”) by leasing a part of the 3th floor of the commercial buildings located in Busan Shipping Daegu G (hereinafter “instant store”).

The Defendants were operated by FFF FF E (hereinafter “FFF CF”) and JFC (K in Busan, Daegu, hereinafter “JF CFC”) in Busan, Daegu, but the FF CF and JFC were located within 100 meters of the CFC.

B. On April 5, 2016, the Defendants entered into a contract on the transfer of the right (hereinafter “instant transfer contract”) to the Plaintiff of KRW 190,000,000 for premium (including KRW 50,000 for premium) and received KRW 50,000,000 from the Plaintiff on the same day.

C. On April 27, 2016, the Plaintiff entered into a lease agreement with L with the term of KRW 50,000,000 for the instant store, monthly rent of KRW 2,000,000 for the instant store (excluding value-added tax), and from May 1, 2016 to April 30, 2021, and paid KRW 50,000 for L on the same day.

On April 28, 2016, the Plaintiff prepared a “transfer contract for rights” with the designated parties C as follows, and paid the Defendants the remainder KRW 120,000,000 to May 18, 2016.

Premiums for rights (including facility costs): the old 00 million won (including deposit0 million won): The contract deposit for the transfer of rights to the Gu0 million won per day: O0 million won shall be paid at the time of the contract, and the balance of the receipt : The daily 00 million won shall be paid on April 5, 2016 shall be included in the premium.

· The total of 64 Kamers shall be transferred to another person on the present condition.

· run as of the date of the repayment of the balance.

E. On June 8, 2016, the Plaintiff and the Defendants are as follows.

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