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(영문) 광주지방법원 2016.11.04 2015나55997

손해배상(건)

Text

1.The judgment of the first instance shall be modified as follows:

The Defendants jointly do so to the Plaintiff and KRW 6,580,000.

Reasons

1. Basic facts

A. 1) On February 27, 2013, the Plaintiff was a two-story building E from Defendant B and C (hereinafter “instant building”).

) Of the 331.54 square meters on one floor, a deposit of KRW 150 million is KRW 2.5 million per month, KRW 2.5 million per month (Additional tax), and the lease is determined from February 27, 2013 to February 27, 2018 (hereinafter “instant first lease”).

(2) On March 1, 2013, the Plaintiff commenced interior works on the first floor of the instant building (hereinafter “instant building”) and thereafter, on April 1, 2013, the Plaintiff leased from the said Defendants the instant building 60 square meters in front (i.e., approximately 198 square meters; hereinafter “instant second leased object”) of the 2nd floor 331.54 square meters among the instant buildings (hereinafter “instant building”). From April 1, 2013 to April 1, 2018, rent of KRW 70,000 (no additional tax) without deposit, and the period from April 1, 2013 to April 1, 2018 (hereinafter “instant second lease”).

From the time when the Plaintiff entered into the first and second lease contract of this case, the Plaintiff sells a variety of clothes with the trade name “J” from the first floor of the instant building to the present day.

3) On January 22, 2014, the Plaintiff sub-leases the instant property to F with a deposit of KRW 5 million, KRW 600,000 per month, and the period of January 22, 2015 (hereinafter “sub-lease”).

(2) The Defendants leased to K on August 12, 2009 the second floor of the instant building (excluding the instant second floor of the instant building) and K on January 22, 2014, for about six months from January 22, 2014, the F used it as the office of “LAD”) and removed at the Plaintiff’s request. Meanwhile, from August 12, 2009, the Defendants leased to K the second floor of the instant building (excluding the instant second floor of the instant building) and K operated the private teaching institute of the instant building, “LADD”, and there was no problem of leakage of the instant building against the Defendants.

B. On September 30, 2014, Defendant B and C, including the sale of the instant building, shall succeed to the current lessee K and the Plaintiff’s deposit and monthly rent under a special agreement with the Defendant Company on September 30, 2014.

2. The present state;