바카라 사이트 디시

1. Case summary

A creditor (or 바카라 사이트 디시) executed a lease with a developer of a large-scale commercial and residential building for the operation of a kids’ café (which is a play area for children) in the building, pursuant to which the creditor agreed to distribute certain profits from the operation of the kids’ café to the developer. The creditor was preparing for opening the kids’ café upon the completion of construction. Around the time when the construction of the building was almost completed, the debtor (i.e., the developer) insisted that it should terminate the lease, alleging that the creditor made a false representation regarding his business capabilities. The debtor also started constructing walls partitioning the store with intent to lease part of the store to a third party.

The creditor filed a claim for interim injunctive relief against the developer, seeking the removal of the non-bearing walls installed in the store and the surrender of the store to it. After a more than one-month long dispute, the Suwon District Court granted interim injunctive relief against the developer as claimed by the creditor on April 22, 2021.


2. Decision and implications

With regard to a claim for interim injunctive relief of which purpose is not simply ended with the preservation of execution but that is made to obtain a final satisfaction just like compulsory execution made on the basis of a decision on merits, courts generally grant interim injunctive relief in exceptional cases on the basis that any decision on the grant of such interim injunctive relief will have a material effect on the parties involved and could cause an recoverable result to a debtor, and therefore, a creditor is required to significantly clarify its rights to be preserved by the claim for interim injunctive relief and the necessity of preservation.

Our attorneys representing 바카라 사이트 디시 argued that the rights to be preserved by interim injunctive relief and the necessity of preservation was so significantly clarified that 바카라 사이트 디시 should be granted interim injunctive relief, arguing that (i) the creditor had been unilaterally subject to the termination of the lease even in the situation where he had not commenced to use the store; (ii) fraud alleged by the debtor did not exist and the credit report that the debtor had presented as evidence of fraud was a document prepared after the debtor’s notice of termination; and (iii) it was significantly difficult for the parties to calculate damages (including operating profits, etc.) because the creditor had not started business.

The Suwon District Court accepted our arguments and made an order that the debtor remove the non-bearing walls installed in the store and surrender the store to the creditor. The creditor was able to normally start business in the store.