손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Fact-finding;
A. On March 11, 2016, the Plaintiff leased, from the Defendant, the first floor (hereinafter “instant first floor”) among Class I neighborhood living facilities (hereinafter “instant building”) of the Ildong-gu Seoul-gu Seoul-si general steel structure (hereinafter “instant building”) with the lease deposit of KRW 35 million, monthly rent of KRW 300,000,000, and the lease term from April 8, 2016 to April 7, 2017.
B. On June 30, 2017, while operating the wholesale and retail business of motor vehicle-related goods in the name of “D” in the instant first floor, the Plaintiff entered into a lease contract with the term of KRW 20 million for lease deposit, KRW 220,000 per month for rent, and from August 15, 2017 to August 14, 2019 for the term of lease, and transferred the instant first floor from the building to the new leased building.
[Reasons for Recognition] Facts without partial dispute, Gap evidence Nos. 1 and 4, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion regarding the cause of the instant claim (i.e., the Defendant’s nonperformance of obligation or liability for tort) was implicitly renewed on April 2017.
However, from Apr. 2017 to Apr. 2017, the Defendant’s wife found the Plaintiff’s workplace from time to time, or took a telephone, and leased the two floors, other than the instant first floor. The two floors of the instant building cannot be continuously put up. The Plaintiff forced the Plaintiff to lease the entire building of the instant building, including the second floor.
② Although the Plaintiff refused the demand to lease the second floor of the instant building, the Plaintiff had been forced due to repeated coercion by the Defendant’s side, and eventually transferred the new place of business to F the instant building in physical color around June 30, 2017.
(3) Article 623 of the Civil Act provides that "a lessee is obligated to deliver an object to the lessee and to maintain conditions necessary for the use and profit-making of the object during the term of the contract."