손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On September 27, 201, the Defendant: (a) on September 27, 201, set the Plaintiff as KRW 20,000,000 for lease deposit, KRW 20,000 for lease deposit, KRW 20,660,00 for monthly rent (including additional taxes and management expenses); and (b) leased the Plaintiff at KRW 1,660,000 for rent (hereinafter “instant lease”).
B. On March 7, 2016, the Defendant filed a lawsuit against the Plaintiff seeking delivery of the instant building and return of unjust enrichment equivalent to the rent, and on September 14, 2017, during the appellate trial of the said lawsuit, the conciliation was concluded that “the Plaintiff ordered the Defendant to order the instant building until December 26, 2017, and the Defendant paid the Plaintiff KRW 12,040,000 by the said date.”
(1) In the first instance court: This Court 2016No. 7029, 2016Na1018, hereinafter referred to as “prior action”). [Ground for recognition] The facts without dispute, Gap evidence 1, Eul evidence 1, 1 and 2, and the purport of the whole pleadings.
2. Determination
A. After the mediation in a prior suit filed by the Plaintiff’s assertion, the Plaintiff arranged to the Defendant to enter into a new lease agreement with D to become a new lessee in the instant building, but the Plaintiff failed to comply with the conclusion of a lease agreement with D without any particular reason. As a result, the Plaintiff suffered losses from failure to recover KRW 140,000,000 for premiums in the instant building.
Therefore, pursuant to Article 10-4(3) of the Commercial Building Lease Protection Act, the Defendant is obligated to pay the Plaintiff KRW 140,000,000 as compensation for damages and delay damages.
B. According to the proviso of Article 10-4(1) and Article 10(1)4 of the Commercial Building Lease Protection Act, a lessee who subleases all or part of the objective building without the lessor’s consent cannot claim protection of the opportunity to recover premiums to the lessor.
Section 5 of this Court shall be entered into the Gyeonggi Northern Police Agency of this Court.