손해배상(기)
1. The plaintiff(s) received KRW 100,000,000 from the defendant(s) and simultaneously entered in the attached list.
The combined lawsuits with the principal lawsuit shall be considered together.
1. Facts of recognition;
A. On November 28, 201, the Plaintiff entered into a lease agreement with the Defendant on the terms of “10 million won for lease deposit, monthly rent of KRW 320,000,000 for rent, and period of lease from September 30, 201 to September 30, 2015 (60 months)” (hereinafter “instant lease agreement”) for the purpose of operating a restaurant with respect to the second floor of 293.64 square meters among the buildings listed in the attached list owned by the Defendant as indicated in the attached list owned by the Defendant.
From around that time, the Plaintiff operated a restaurant with the trade name “C” in the instant commercial building, and changed the monthly rent of the instant lease contract to KRW 4 million after consultation with the Defendant on September 19, 2012.
B. On July 28, 2015, two months before the expiration of the lease term of the instant lease agreement, the Defendant sent to the Plaintiff a content-certified mail stating that “The Defendant would no longer renew the instant lease agreement, and at the same time, requested the Defendant to return the instant commercial building to its original state upon the termination of the lease term.”
C. On September 9, 2015, before the expiration of the lease term of the instant lease agreement, the Plaintiff entered into a contract on the transfer of rights (hereinafter “the instant premium contract”) with D, stating that “the Plaintiff shall transfer D the business day including the instant commercial building’s facilities to D in KRW 350 million, and the Defendant shall enter into a lease agreement on the instant commercial building between D and the Defendant,” and on September 14, 2015, the Plaintiff entered into the instant premium contract with D in accordance with the provisions on the protection of the opportunity to recover the premium under the Commercial Building Lease Protection Act, and thus, sent a document verifying the content that “the Plaintiff requests D to enter into a new lease agreement on the instant commercial building.”
Accordingly, the defendant is 150,000,000 won and monthly, subject to the conclusion of the lease contract on the commercial building of this case.