손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. On April 8, 2002, the Plaintiff leased the underground floor among the commercial buildings located in Seo-gu, Seo-gu, Seocheon-gu, Incheon (hereinafter “instant commercial buildings”) and took over the right of lease of KRW 60,000,000 for the premium of KRW 60,000, and operated the said commercial buildings with the trade name “E” from around that time.
B. On June 1, 2010, the Plaintiff agreed to lease the instant commercial building’s underground floor and second floor (hereinafter “the instant leased object”) at KRW 10,00,000, monthly rent of KRW 600,000. On November 201, 2013, the said lease agreement was extended to KRW 15,000,000, monthly rent of KRW 15,000, monthly rent of KRW 1,000, and the lease period was extended to KRW 24 months from November 6, 2013.
C. Around April 1, 2014, the Defendant purchased the instant commercial building from F and completed the registration of ownership transfer on April 3, 2014, and succeeded to a lease agreement between F and the Plaintiff. On April 3, 2014, the Defendant concluded a lease agreement with the Plaintiff on the same terms and conditions as the lease agreement between F and the Plaintiff on the leased object (hereinafter “instant lease agreement”) between F and the Plaintiff on April 3, 2014, and the lessee concluded a lease agreement with the Plaintiff on the same terms and conditions as the lease agreement between F and the Plaintiff on November 2013.
On August 27, 2015, the Defendant sent to the Plaintiff a content-certified mail to the effect that if the term of the lease expires, it would restore the building to its original state and deliver the building.
E. Meanwhile, on June 8, 2016, when the instant lawsuit was pending, the Defendant calculated by deducting the unpaid monthly rent of KRW 15,000,000 from KRW 143,290, and the electricity rate of KRW 143,290 from the unpaid monthly rent of KRW 15,000,000, and the remainder of KRW 12,556,710 (=i.e., KRW 15,000 - KRW 2,300,000 - KRW 143,290) from the Incheon District Court Decision 5353.