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(영문) 서울중앙지방법원 2019.07.25 2018가단5029934

손해배상(기)

Text

1. As to the Plaintiff’s KRW 62,89,800 and KRW 60,000 among them, the Defendant paid to the Plaintiff KRW 2,889,80,800 from February 24, 2018.

Reasons

1. Basic facts

A. On April 19, 2012, the Plaintiff leased “part of the first floor D No. 151.08 square meters among the land buildings of Jung-gu Seoul Metropolitan City, Jung-gu, Seoul (hereinafter “instant store”) at KRW 2,000,000 for the term of lease, deposit deposit KRW 5,000,000 per month, and KRW 3,80,000 for the rent. The lease agreement was renewed four times in total, and the final maturity is April 19, 2018.

B. On October 20, 2017, the Plaintiff entered into a contract for the transfer and acquisition of rights with the content that the Plaintiff transferred all rights to the instant store, such as all facilities and goodwill, to E, for a premium of KRW 80,000,000.

C. On January 2018, the Plaintiff sent a written notification requesting the Defendant to enter into a lease agreement with E, and the Defendant sent a written notification to the effect that “The Plaintiff cannot claim to the Defendant the opportunity to recover the premium on the grounds of the Plaintiff’s delinquency in payment of rent, illegal extension of a bank without the Defendant’s consent, lapse of five years, etc.”

On May 3, 2018, the Plaintiff delivered the instant store to the Defendant, and thereafter, the Defendant returned to the Plaintiff only the remainder after deducting “the rent equivalent to 2,889,800 won from the date of delivery,” along with smuggling and management expenses.

E. As of the expiration date of the instant lease agreement with respect to the instant store, the premium is KRW 14,394,380 (the premium is KRW 4,675,880, KRW 9,718,50, KRW 500, KRW 56,344,80, KRW 739,180, KRW 70, and KRW 70,000, KRW 70,000, KRW 70,000, KRW 14,39, and KRW 180, which can be easily collected by the Defendant by means of food washing, cooling, cooling, air conditioners, tables, etc.

[Reasons for Recognition] Facts without a partial dispute, each entry of Gap evidence Nos. 1 through 9 (including additional number), appraiser F's appraisal result, the purport of the whole pleadings

2. A claim for damages due to interference with opportunities to recover premiums;

A. The plaintiff's assertion that the defendant would become a new lessee arranged by the plaintiff without justifiable grounds.