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(영문) 의정부지방법원고양지원 2016.05.18 2015가단80266
손해배상(기)
Text

1. The Defendant’s KRW 59,619,403 as well as the Plaintiff’s annual rate of 5% from June 20, 2015 to May 18, 2016.

Reasons

1. On December 2014, the Plaintiff entered into a lease agreement (hereinafter “instant agreement”) with the Defendant, under which the Plaintiff sells and operates the Plaintiff’s coffee specialty franchise (hereinafter “the instant car page”) on the C’s premises restaurant (where materials are located: 112, the 1st floor underground of the D-dong, Seongbuk-gu, Sungnam-si) operated by the Defendant.

The important parts of the terms of the instant contract are as follows.

(A: Defendant A and Plaintiff B) Article 1 (Lease Articles 1 (Leases) (Leases) A shall lease the leased object owned by Party A to Party B, and B shall rent it and endeavor to promote the welfare of both customers and users of the cafeterias within the building.

The location of the object indicated in the lease: the leased area of 112 square meters under the ground of the D Building 1, Dong-dong, Seongbuk-gu, Sungnam-si: Article 3 of 12.5 square meters (around 3.7 square meters)

1. In case of transfer or sale to another person, B may consult directly with the transferee on the investment cost;

A shall notify at least three months to B at the time of transfer or sale and endeavor to protect B's property.

Article 4 (Facilities Investment)

1. A shall preserve the expenses for investment in the facilities in which he/she has invested for a period of contract;

Article 5

1. This Agreement from January 1, 2015 to 2017

5. up to 30.30. (two years and five months) A may extend the additional two years when A continues to operate a cafeteria.

Article 8 (Prohibition of Transfer, Sublease, etc. of Right of Rent)

1. B shall not assign or sublease the right of lease to, or have a third party delegate or manage the subject matter, and shall not establish any right such as a pledge, security, etc., and between the parties concerned, a deposit, right of lease, etc. may be transferred or taken over only with the approval of A

2. If the right of lease, etc. is acquired in contravention of the preceding paragraph, Eul and third parties may not claim the right against Gap, and Gap may terminate automatically without any separate notice.

Article 11 (Piracy) A shall conduct business with respect to any of the following matters:

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