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(영문) 수원지방법원 2017.04.05 2016가단48323

손해배상금등

Text

1. The Defendant shall pay to the Plaintiff KRW 6,00,000 and the interest rate of KRW 15% per annum from November 18, 2016 to the date of complete payment.

Reasons

1. Evidence Nos. 1 through 5, 1, 2, and the purport of the whole pleadings;

A. The Defendant operated the rice tea house in the Osan-si Building 101 (hereinafter referred to as the “instant commercial building”) owned by the Defendant.

B. On May 21, 2012, the Plaintiff entered into a commercial building lease agreement with the Defendant, setting a deposit of KRW 70 million, monthly rent of KRW 3 million, and up to two years until May 20, 2014, with respect to the transfer of the Defendant’s rice farm business (hereinafter “instant business”), at the same time, the Plaintiff entered into a premium agreement with the Defendant to have the instant business transferred from the Defendant, setting forth KRW 60 million as the premium, and paid KRW 60 million as the premium to the Defendant.

C. On April 23, 2013, the Defendant sold the instant commercial building to D, and D agreed to succeed to the lease between the Defendant and the Plaintiff as it is.

On September 4, 2013, the Plaintiff: (a) concluded a lease contract with a lessor D and the instant commercial building by setting a deposit of KRW 70 million; (b) KRW 3.5 million per month; and (c) from September 21, 2013 to September 20, 2015; (b) the lessor did not recognize the premium; and (c) concluded a lease contract with a lessor on September 20, 2015.

E. On August 13, 2015, lessor D notified the Plaintiff on September 20, 2015 that the rent would be increased by one million won when the lease term expires and the renewal of the contract is made.

F. The Plaintiff continues to operate the instant commercial building by paying the rent of KRW 500,000 as raised to the lessor D.

2. The allegations by the parties and the judgment of this court

A. The plaintiff's assertion 1) The defendant asserts that the plaintiff's claim is 10 years or more, extended the lease to allow the plaintiff to perform funeral in the commercial building of this case, and sell the commercial building of this case to the person who is engaged in leasing business for unavoidable reasons.