beta
(영문) 서울서부지방법원 2020.07.22 2019가합38710

손해배상(기)

Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. The costs of lawsuit;

Reasons

1. Basic facts

A. The defendant as the party concerned is a corporation with the purpose of collecting, storing, transporting, processing, or selling agricultural, forest, livestock, and livestock products, and the building indicated in the attached list (hereinafter “the instant building”) owned and operated the “Dart Incheon store,” and the plaintiffs operated a pharmacy and a store for self-sale with the pharmacy respectively.

B. On April 3, 2013, Plaintiff A and the Defendant: (a) leased 23.16 square meters of the instant building from the Defendant during the lease period from April 3, 2013 to April 2, 2016; (b) the Plaintiff entered into a contract with the Defendant to extend the lease period from April 3, 2015 to April 2, 2016 to KRW 1,320,000 of the monthly rent (including value-added tax); and (c) thereafter, the Plaintiff A operated a pharmacy with the name of “E pharmacy” during the lease period from April 3, 2013 to April 2, 2015; and (d) on March 11, 2015, Plaintiff A extended the lease period from the Defendant to April 2, 2016 to KRW 1,452,00 of the monthly rent (including value-added tax).

3) On March 29, 2016, Plaintiff A entered into a contract with the Defendant to extend the lease term from April 3, 2016 to June 30, 2017. During the first half of 2016, Plaintiff A entered into an agreement with the Defendant to change the location of the leased object to another location on the same floor (23.17 square meters in front of the 14 calculation unit, the size) and agreed that the transfer cost shall be borne by the Plaintiff and that there is no adjustment of rent for the limited period of this re-contract. 4) On June 30, 2017, Plaintiff A entered into a contract with the Defendant to extend the lease term from July 1, 2017 to June 30, 2018, and concluded a contract with the Defendant on June 29, 2018 to June 30, 2018.

C. F, Plaintiff B’s husband F, on April 1, 2014, Plaintiff B’s husband F, operated a self-sale store in the name of “G” following the lease from the Defendant during the lease period between KRW 2,00,000, monthly rent of KRW 544,500 (including value-added tax) and April 1, 2014 and March 31, 2015. < Amended by Presidential Decree No. 26178, Mar. 13, 2015; Presidential Decree No. 25757, Apr. 1, 2015; Presidential Decree No. 27477, Mar. 31, 2016>