손해배상(기)
1. The Defendant’s KRW 26,232,155 as well as 5% per annum from August 5, 2017 to October 17, 2018 to the Plaintiff.
1. The following facts are acknowledged to the effect that there is no dispute or the entire pleadings, in addition to each macro- documentary evidence.
The building of three-story housing and neighborhood living facilities (hereinafter referred to as the "building of this case") on the ground of Ulsan-gu C (Ulsan-gu D) shall be approved on March 12, 1997 by the use of the building of this case, which is 20 years and 4 months from August 9, 2017, which is the date when the termination of the lease of this case is scheduled to be completed, as seen below.
[3] On August 10, 2012, the Defendant leased 69.42 square meters on the left-hand side of the first floor of the instant building to the Plaintiff’s mother E (hereinafter “instant coffee shop”) by setting the deposit amount of KRW 20 million and KRW 500,000 per month rent without setting the period.
[B] 1-1. E operated a coffee shop in the instant coffee shop with the trade name "F".
[B] On August 10, 2013, Defendant and E drafted a lease agreement with a one-year term of lease fixed on August 10, 2013.
[1-2] By August 10, 2014, E, which operated the instant coffee shop, changed the trade name of the coffee shop to “G” at that time, and requested the Defendant to extend the term of lease in the name of his/her father and wife.
Accordingly, as of August 10, 2014, the Defendant drafted a new contract to extend the lease term of the instant coffee shop by one year between the Plaintiff and the Plaintiff, and ② on August 10, 2015, the lease period was extended by August 9, 2017 by 20 million won, monthly rent of KRW 80,000,000, and the period from August 10, 2015 to August 9, 2016 (referring to the instant lease contract: A, B, 1-3, 1-4; hereinafter referred to as the “instant lease contract”). The lease period was extended by the implied renewal of the original Defendant’s lease period until August 9, 2017.
On February 20, 2017, the Plaintiff agreed to set and transfer to H intangible values, such as business facilities and fixtures of the instant coffee shop, facilities, etc., and goodwill related to the operation of the coffee shop as total premium of KRW 70 million.
[A] At the time H had experience in the "acsation of a stock company," which is a coffee logistics company, and he had worked in the "acsation of a stock company."