손해배상(기)
1. The Plaintiff’s appeal and the Plaintiff’s selective claim against Defendant B, added at the trial, and preliminary claim.
1. Basic facts
A. On December 28, 2012, Defendant B Co., Ltd. (hereinafter “Defendant Company”) awarded a successful bid for and paid the sales price for Non-201, Non-Party E and seven lots of land (hereinafter “instant building”) in the process of compulsory auction (hereinafter “instant lease object”).
The leased object of this case was used as a private club facility for its members located in No. 301 of the building of this case, but at the time of winning the contract, the business using the private club was suspended at the time of winning the contract.
B. Defendant D, who was delegated by the Defendant Company with the duties concerning the lease, etc. of the leased object of this case, referred to the fact of awarding the contract for the leased object of this case to an architect H, who is a branch office, around December 2012. Around that time, H talks about the fact to G, who is a bath facility operator, and C was able to have H leased the leased object of this case.
C. On January 1, 2013, G and H visited the subject matter of the instant lease with Defendant D, and confirmed the inside facilities, etc. of the leased object of the instant case. Defendant D provided G with the building ledger stating the use of the leased object as “private facilities” and drawings related to the leased object of the instant case.
On January 23, 2013, the Plaintiff, in relation to G, leased the subject matter of the instant lease from Defendant Company KRW 150,000,000, monthly rent of KRW 12,000,000, and the term of lease from February 26, 2013 to February 25, 2018 (hereinafter “instant lease agreement”), and the main contents of the contract are as follows.
Article 3 (Restrictions on Use) The Plaintiff shall lease the leased object for public bath and its ancillary use, and shall not use all or part of the leased object for any other purpose without the written consent of the Defendant Company.
Article 10 (Interior Design Works) (1) The public bath business other than the basic interior works established by the defendant company within the leased object.