beta
(영문) 창원지방법원진주지원 2019.02.14 2018가단34946

손해배상(기)

Text

1. The Defendants jointly share the amount of KRW 49,00,000 to the Plaintiffs, as well as the period from July 21, 2018 to February 14, 2019.

Reasons

1. Facts of recognition;

A. The plaintiffs and F have owned 1/4 shares of G land and their ground buildings in Sacheon City (hereinafter collectively referred to as “each of the instant real estate”), respectively.

B. On July 15, 2014, the Defendants concluded a lease agreement with the Plaintiffs, F, and the instant real estate in the name of Defendant E, with a period of KRW 10 million, KRW 1300,000 per month, KRW 1300,000 per month, and KRW 24 months for the lease term, and operated a used motor vehicle transaction business in each of the instant real estate.

From April 2015, Plaintiffs, F, and Defendants raised the rent of KRW 2.5 million per month from April 2015.

C. At around April 4, 2016, I and J acquired F’s shares in each of the instant real estate, respectively. D.

Since then, the lease agreement between the plaintiffs, I, J (hereinafter collectively referred to as "the plaintiffs") and the defendants was implicitly renewed on July 15, 2016.

E. The plaintiffs attempted to sell each of the instant real estate.

On September 20, 2017, the Plaintiffs agreed with the Defendants to terminate a lease agreement at the end of April, 2018, and agreed to exempt the Defendants from KRW 10,000,000 for April 2018. The Defendants around that time set up a letter (No. 3-1 of the Evidence A) to deliver each of the instant real estate to the Plaintiffs by April 2018.

F. On September 27, 2017, the Plaintiffs concluded a sales contract with K Co., Ltd. (Representative L) and each of the instant real estate at KRW 4.4 billion, and the Plaintiffs agreed to cancel the lease contract with the Defendants and deliver each of the instant real estate to April 5, 2018.

In addition, on September 29, 2017, the Plaintiffs drafted a written confirmation that KRW 100 million shall be paid jointly to the K side of K Co., Ltd. with compensation for damages when the real estate of this case is not delivered by April 30, 2018 (Evidence A5).

G. On April 5, 2018, K Co., Ltd. paid any balance to the Plaintiffs’ side on the agreed date.