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(영문) 대구지방법원서부지원 2015.05.13 2014가단38917

손해배상(기)

Text

1. From November 24, 2014 to the Plaintiff, the Defendant entered the attached list in the Seo-gu Metropolitan City head of the Seo-gu Office.

Reasons

1. Basic facts

A. On January 19, 2010, C entered into a lease agreement with the Plaintiff on the condition that the entire second floor among the buildings located in Daegu-gu D (hereinafter “instant building”) was leased by the Plaintiff by setting the lease term of KRW 30,000,000 per month, monthly rent of KRW 2,300,000 by December 20, 2012.

(hereinafter “instant lease agreement”). B.

On July 1, 2012, the Defendant decided to succeed to the status of lessee C and C, and thereafter extended the term of lease between the Plaintiff and C until December 20, 2013.

C. On November 25, 2013, the Defendant notified the Plaintiff of the refusal to renew the instant lease agreement, and the Plaintiff also notified the Defendant of the refusal to renew and terminate the instant lease agreement on November 28, 2013.

On January 31, 2014, the Plaintiff discontinued the entertainment tavern business run in the instant building, and filed a report on the closure of business registration in Seogugu Tax Office on the same day, and delivered the instant building to the Plaintiff on February 27, 2014.

E. On May 1, 2014, the Plaintiff entered into a lease agreement with E to lease the instant building by setting the deposit amount of KRW 30,000,000, monthly rent of KRW 2,300,000, and the lease term of KRW 30,00,00, and provided that the building was ordered by the Defendant as a special contract and succeeded to the business license.

F. From November 11, 2014, the Defendant rendered a judgment that “the Defendant (the Plaintiff of this case) shall pay KRW 30,000,000 to the Plaintiff (the Defendant of this case) and the amount equivalent to 20% per annum from April 23, 2014 to the date of full payment.” On November 24, 2014, the Plaintiff deposited KRW 33,550,684 with the principal and interest of KRW 1970 as the principal and interest of the Plaintiff’s deposit up to the date of the said judgment as the principal deposit pursuant to the said judgment on November 24, 2014.”

【Fact-finding without dispute over the basis of recognition, entry of Gap evidence 1 through 5, and the purport of the whole pleadings.