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(영문) 서울북부지방법원 2017.05.25 2016가합24660

손해배상(기)

Text

1. The Defendant: 40,000,000 won to Plaintiff A and 5% per annum from May 9, 2017 to May 25, 2017; and

Reasons

1. Basic facts

A. On April 11, 2014, Plaintiff A entered into a sales contract for facilities management (hereinafter “instant sales contract”) that comprehensively takes over the PCs located on the second floor of Seoul Jung-gu E-building (hereinafter “instant commercial building”) located within the D Housing Reconstruction Zone, and paid F a down payment of KRW 10 million to F on the same day, including the total sales price of KRW 195 million (20 million for premiums, KRW 175 million, KRW 20 million for rents, and KRW 20 million for rents).

B. On April 12, 2014, Plaintiff A prepared a lease agreement with the Defendant, the co-owner of the instant commercial building, and the second-class shop (50 square meters) of the said commercial building (hereinafter “first-class lease agreement”). From April 12, 2014 to April 12, 2015, Plaintiff A operated the PC bank thereafter.

C. On May 1, 2014, Plaintiff B Co., Ltd. (hereinafter “B”) concluded a lease agreement with the Defendant on May 1, 2014 with the first floor 102 (26 square meters) of the instant commercial building (hereinafter “the lease agreement”), with the lease deposit amount of KRW 10 million from May 1, 2014 to April 30, 2016, and KRW 150,000 per month of rent (excluding the additional tax and management fee (300 won per square year)), and paid the lease deposit (hereinafter “the second lease agreement”), and thereafter, the lease deposit was paid, and thereafter, the leased 603 studio of the said building was leased for KRW 30,000 per month without the lease deposit, and thereafter, the rental agreement was operated for children’s toy. D. around that time.

Plaintiff

A, around April 14, 2014, becomes aware of the possibility that the instant commercial building might be reconstructed, and around that time, A made a claim to the Defendant to cancel the said contract on the ground that A entered into the first lease contract without knowing the reconstruction of the instant commercial building.

The defendant around April 17, 2014 when the plaintiff could not operate his business due to redevelopment or reconstruction within two years from the lease contract date to the plaintiff A, the consolation money shall be 40 million won.