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(영문) 서울동부지방법원 2017.07.05 2015가단35998
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. All the costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Progress of dispute;

A. 1) Defendant B Co., Ltd. (hereinafter Defendant B)

() On October 26, 2005, Seongdong-gu Seoul Metropolitan Government building for factory, 39.47 square meters on one story of 1318 square meters and 39.47 square meters on one story among the buildings on land for DD 1318 square meters, the Plaintiff leased KRW 10 million on a deposit, KRW 400,000 per month, and the period from November 4, 2005 to November 3, 2007. The Plaintiff operated the restaurant with the trade name “F” at the above store. (2) On July 18, 2007, the Defendant B leased approximately KRW 35 square meters on one story among the buildings on land for factory in Seongdong-gu Seoul Metropolitan Government D 1,318 square meters to the Plaintiff by determining on July 18, 2007, the deposit amount of KRW 30 million, KRW 220 million per month (value-added tax), and the period from July 25, 2007 to July 29, 2004.

The Plaintiff was engaged in the third deputy business with the trade name “H” at the said store.

Defendant B filed a claim against the Plaintiff on December 11, 2007 against the Seoul Eastern District Court 2007No. 280 in relation to the G store, and made a protocol of compromise with the effect that “In the event that Defendant B and the Plaintiff wish to cancel the contract during the contract period, the lease contract is terminated by written termination notification at least three months before the contract period is terminated, at least three months prior to the Plaintiff’s expense.”

B. On May 15, 2008, Defendant B agreed to sell all the above land for factory and all the above land buildings to 10,381,000,000 won, and to pay KRW 1,036,660,000,000,000,000, which is a total amount of down payment, if all lessees in the above land for factory cannot move out by November 20, 2008, on the remaining payment date.

C. Defendant B requested the Plaintiff to deliver each shop within three months on May 19, 2008 and May 23, 2008, but failed to comply with the Plaintiff. As such, Defendant B delegated the execution of delivery to the enforcement officer affiliated with the Seoul Eastern District Court on September 9, 2008, with the enforcement officer of the above 2007 JB as the enforcement officer, but the said enforcement officer is executing the execution on the ground that “the third party, a third party, occupies the object of execution.”

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