손해배상(기)
1. The Defendant (Counterclaim Plaintiff) paid KRW 53,752,300 to the Plaintiff (Counterclaim Defendant) and its related amount from July 3, 2020 to August 21, 2020.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. As to the portion of “A” on the first floor (hereinafter “instant commercial building”) connected with each point of the attached drawings 1, 2, 3, 4, and 1 among the real estate listed in the attached Table 1, the Plaintiff, on June 8, 2008, set the lease deposit amount of KRW 20 million and KRW 1320,000 per month and operated the leased commercial building thereafter. On August 10, 2018, the Plaintiff drafted a lease agreement again with C as the value-added tax (value-added tax of KRW 145,00 and KRW 25,000 per month on August 10, 2018) and the lease period of KRW 145,50,00 per month (value-added tax of KRW 145,00 and KRW 255,000).
B. The Defendant purchased the instant real estate from C on May 8, 2019 and executed the same year.
6. 5. The registration of ownership transfer was completed, and on June 7, 2019, the Plaintiff expressed his/her intent to refuse to renew the instant lease agreement to the Plaintiff.
C. On June 18, 2019, the Plaintiff sent to the Defendant a letter verifying that the new lessee’s opportunity to arrange is guaranteed, and concluded a premium contract with D as KRW 100 million on July 9, 2019, and requested the Defendant to enter into a lease contract with D on July 24, 2019 with the new lessee at KRW 2,200,000,000,000 for lease deposit, rent, and management fee.
Accordingly, on July 29, 2019, the Defendant notified the Plaintiff of the intent to enter into a new lease contract under the condition that the Plaintiff would enter into a new lease contract, including KRW 2,400,000,000 ( KRW 2,400,000, value-added tax, KRW 240,000, management expenses, and KRW 255,000), and ultimately, did not enter into a new lease contract.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 15, purport of the whole pleadings
2. The parties' assertion
A. The plaintiff's assertion 1 principal lawsuit is the defendant's act of hindering the collection of the plaintiff's premium by demanding that it is a remarkably high difference as stipulated in Article 10-4 (1) 3 of the Commercial Building Lease Protection Act.