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(영문) 대구고등법원 2017.01.18 2016나395
사용료선금반환및손해배상
Text

1. The judgment of the court of first instance is modified as follows.

(1) The defendant shall pay to the plaintiff 1,050,000 won and 550,000,000 won.

Reasons

(b) even if a model house is newly constructed on the same side, the terms and conditions of the lease are identical to those of the existing G model house free of charge;

2. The Defendant’s transfer of the instant model voucher to D prior to the expiration of the lease term, and (a) the use of the G model voucher owned by D is ordered to D (the instant model voucher) for KRW 500,000,000. If the Defendant newly constructs and uses the model house on the land owned by D on the (Defendant A) G Model E-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

3. This Agreement takes effect by a written agreement of the plaintiff who is a joint business proprietor of the defendant's second business.

D immediately after the entry into force, the agreement under paragraph 2 shall be paid to the defendant.

4.As soon as this Agreement has become effective, the defendant and D shall cease criminal and civil acts against the other party and withdraw any legal act in progress.

* Until August 26, 2014, paragraph 3 becomes effective and the amount under paragraph 2 shall be paid at the same time as the defendant's model know-how.

On August 25, 2014, Defendant D (A) consents to the above contents.

By August 29, 2014, if the Plaintiff (Representative K) did not move up to 18:00 on August 29, 2014, he/she agrees to a voluntary disposal. On August 26, 2014, the Defendant entered into a contract with D on August 25, 2014 to provide the Defendant with a G model voucher instead of the instant model voucher (hereinafter “D-Defendant 4 agreement”). In order to resolve the dispute over the instant model voucher, the Defendant entered into a contract with D on August 25, 2014 with the main content that provides the Defendant with the G model voucher located within the same place (hereinafter “D-Defendant 4 agreement”).

2) D) With F on August 25, 2014, D) as between D and F, and D, by August 26, 2014, if D delivers the instant model voucher to F by no later than 12:00 on August 26, 2014, it shall be deemed as effective as the existing D-F No. 2 agreement, but F shall compensate D for KRW 50,000,000 paid by F to lease 119, Daegu-gu L 119.

D The above time limit.

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