손해배상(기)
1. Revocation of a judgment of the first instance;
2. The instant lawsuit shall be dismissed.
3. The costs of the lawsuit are assessed against the Plaintiffs.
1. The deceased F (hereinafter “the deceased”) was the owner of each real estate listed in the separate sheet (hereinafter “each of the instant real estate”), and the Defendant, along with H, is the person who was to operate a closed-end restaurant with the trade name “I” in each of the instant real estate.
On April 10, 2012, the Deceased prepared a lease agreement (hereinafter “instant lease agreement”) with the Defendant with the content that the Deceased would lease the first real estate owned by the Deceased as the lease deposit amount of KRW 150 million, monthly rent of KRW 250 million, and from May 15, 2012, the Deceased would lease the said real estate as the lease deposit amount of KRW 150 million, monthly rent of KRW 2500,000, and from May 15, 2012.
By May 9, 2012, the Defendant: (a) performed interior works on each of the instant real estate; and (b) commenced the business of a restaurant with the said cafeteria on May 19, 2012; (c) however, (d) operated the business only until May 20, 2012, and subsequently suspended the business thereafter.
On June 18, 2012, the Deceased notified the Defendant that he would cancel the lease contract on the grounds of the non-payment of the lease deposit, which reaches the Defendant at that time.
On November 28, 2012, the Deceased filed a lawsuit against the Defendant for the claim that “the amount equivalent to the rent of KRW 2.5 million per month from June 16, 2012 to June 15, 2012” as Seoul Central District Court Decision 2012Gahap18715, and the claim that “the amount equivalent to the rent of KRW 2.5 million per month from June 16, 2012 to June 15, 2012, and the amount equivalent to the rent of KRW 2.5 million per month from June 16, 2012 to the completion date of delivery of each of the instant real estate” in the claim purporting to “the amount equivalent to the rent of KRW 2.5 million per month from June 16, 2012 to the completion date of delivery of each of the instant real estate” was indicated as “the damages due to unjust enrichment or tort.”
On August 30, 2013, the court of the first instance of the prior suit rendered by the Defendant on August 30, 2013, the Defendant delivered each of the instant real estate to the Deceased, and the rent of KRW 2.5 million from June 15, 2012 to June 16, 2012, and the delivery of the real estate listed in [Attachment 1] in [Attachment 1] from June 16, 2012.