손해배상(기)
1. Revocation of the first instance judgment.
2. The Defendant shall pay to the Plaintiff KRW 2,00,000 as well as the full payment with respect thereto from October 15, 2018.
1. Facts of recognition;
A. 1) On June 29, 2017, the Plaintiff entered into the instant lease agreement with the Defendant, the right-hand side of the Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City C and the 1st floor commercial building (hereinafter “instant store”).
) A lease agreement between two years (from May 10, 2017 to May 9, 2019), a lease deposit of KRW 12,00,000, and monthly rent of KRW 440,000 (hereinafter “instant lease agreement”) with a period of two years (hereinafter “instant lease agreement”).
(2) The Plaintiff entered into a general restaurant with the trade name “D” at the instant store.
B. On September 3, 2018, the Plaintiff entered into the instant premium contract and the instant new lease contract (i.e., the conclusion of the instant new lease contract) under a contract to transfer to E all rights, etc. related to the facility of the instant store, the disclosure of lcoki lec levia and its business to E (hereinafter “instant premium contract”) at KRW 6,00,000.
(2) The Defendant concluded a lease agreement with the new lessee E on the same day with the term of two years (from September 10, 2018 to September 9, 2020), lease deposit amount of KRW 12,00,000, monthly rent of KRW 400,000 (hereinafter “instant new lease agreement”).
(2) On September 3, 2018, the new lessee E paid KRW 12,000,000 to the Defendant for the lease deposit of the instant new lease agreement, and the Defendant returned KRW 12,000,000 to the Plaintiff on the same day.
3) Meanwhile, on September 3, 2018, the Defendant was present at the Plaintiff’s staff F and new lessee E with the Plaintiff’s staff F on September 3, 2018, with the following confirmation (Evidence A No. 9; hereinafter “instant confirmation”).
(1) The Plaintiff prepared a written confirmation and sent it to E (the Defendant asserted that the instant written confirmation was forged, and thus, I will look at it later in detail). The lessor B (person) will be responsible to make it possible to report D’s business license. In the event that the said matters are not implemented, the lease agreement becomes null and void. After September 3, 2018, the Plaintiff had the new lessee operate a general restaurant.