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(영문) 창원지방법원 2017.09.21 2017가합50730
영업허가명의변경 등
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Defendant (Counterclaim Plaintiff) is against the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. The Plaintiff’s conclusion of the instant lease agreement and the change of the business operator’s name in the instant business license 1) is Kimhae-si Co. 503 (hereinafter “instant real estate”).

A) The owner of an entertainment tavern business license (hereinafter “instant business license”) with the same content as the attached list in the name of the wife from the Kimhae market (hereinafter “instant business license”) around January 4, 201.

(2) On July 3, 2014, the Plaintiff entered into a lease agreement between the Defendant, the wife, and the Defendant, without a deposit, that the instant real estate is KRW 2,200,000,000 (in case of a commercial monthly rent contract with the evidence No. 3, KRW 5 million, and KRW 500,000,000,000,000,000,000,000,000,000,000,000,0000,000,0000,000,0000,000,0000,000,000,000,000,000,000,000,000,00

3) The Plaintiff transferred the instant real estate to the Defendant under the instant lease agreement, and changed the name of the instant business operator to the Defendant on July 9, 2014, and the Defendant operated the instant real estate as “E” main points from around that time to September 2016. (B) The Plaintiff concluding the instant management agreement by integrating the main points of the instant real estate and C building 502503, the Plaintiff owned by the Plaintiff, and integrating the main points of the instant real estate and C building 502503 (hereinafter “instant integrated main points”).

(1) The agreement between the Defendant and the Defendant on October 1, 2016 that “the instant lease agreement is terminated (Article 1),” and that “the Plaintiff shall be paid KRW 5 million per month to the Defendant in return for being entrusted with the management of the instant integrated store from October 1, 2016 to September 30, 2018; however, only if the Defendant is unable to perform his/her work due to his/her health, he/she shall ensure that the payment is made by September 30, 2018 (Article 2)” (hereinafter referred to as “instant management agreement”).

AB concluded the agreement.

C. The Plaintiff’s termination of the instant management agreement.

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