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(영문) 대구지방법원 2017.04.06 2016가합201818
권리금회수방해금지등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 13, 201, the Plaintiff entered into a lease agreement with the Defendant on the condition that the lease deposit shall be KRW 100 million for the remainder-dong and the total area of KRW 373.1 square meters for the second floor among Class 2 neighborhood living facilities of the 338.48 square meters in Daegu-gu general steel structure (Iron), the concrete branch roof, and the third class neighborhood living facilities of the 738.48 square meters (hereinafter “instant store”); the rent shall be KRW 5 million per month for the first one year; the lease period shall be KRW 5 million per month during the lease period; the lease period shall be from June 13, 201 to June 12, 2016 (hereinafter “instant lease agreement”).

B. Around that time, the Plaintiff was transferred the instant store from the Defendant and operated a restaurant with the trade name “D”.

C. On March 2, 2016, which was three months prior to the expiration of the lease term of the instant lease agreement, the Defendant notified the Plaintiff via his Chokon that “The instant lease agreement was terminated on or around June 13, 2016, and thus, the Plaintiff’s order to surrender the instant store.”

For this reason, the plaintiff

3. 7. Around July, the Defendant sent to the Defendant a content-certified mail stating that “The instant store was set up as a ticket at the real estate brokerage office, and the premium is guaranteed.”

(The mail delivery conference seems to have returned the above mail). E.

After that, the defendant is in accordance with the same year as March 10, 2016.

3. On two occasions on June 23, 201, the Plaintiff sent to the Plaintiff a content-certified mail stating that “The instant lease agreement is terminated on June 13, 2016, and thus, the instant store was asked to be clarified.” The said mail reached the Plaintiff on the following day.

F. On the other hand, on March 19, 2016, the Plaintiff entered into a contract with E to transfer goodwill, including the facility of the instant store under the instant lease agreement, to KRW 250 million premium (hereinafter “the instant premium contract”).

G. After that, the Plaintiff becomes a new lessee.

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