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 July 2, 2012, the Plaintiff leased a building listed in the attached Table 1 list (hereinafter “instant building”) from the Defendant as a lease deposit amounting to KRW 200 million, the lease term from July 17, 2012 to July 16, 2015, the rent of KRW 10 million (excluding value-added tax), and the use of the building as a restaurant and coffee shop (hereinafter “instant lease”).
The main contents of the above lease agreement related to the instant case are as follows.
Article 13 (Plaintiffs) B shall engage in restaurant and coffee shop business within the leased object (the building of this case), and shall not change the category of business at will without the written consent of Gap (Defendant).
The prohibition of Article 15 Section B shall not be permitted to do any of the following acts in areas around leased objects and other buildings:
(f) An act of destroying or damaging a structure, equipment or facility installed by A, or replacing a structure, advertisement, signboard, etc. without A’s consent or permission, which is located within the leased object of Article 16 (1) may be an act of altering or repairing a temporary installation or facility within the leased object of Article 16 (1) at the expense of B with the written consent of A:
In such cases, A may control or supervise the contents of work to preserve the safety and uniformity of the structure of the building.
(a) Installation or remodelling (d) signboards or advertisements of partitions, windows, doors, even or interior designs, installation or remodelling of walls inside and outside the building, and design and construction within the leased object (2) design and construction within the leased object with prior written approval of A, shall be carried out at the expense of B.
Article 20 (1) In any of the following cases, A may terminate this Agreement without a separate peremptory notice.
(d) If Section B violates this Agreement, if any of the grounds set forth in subsection (2) occurs, A may require B to specify the object of the lease, and B shall be the object of the lease.