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(영문) 대전지방법원 2019.08.14 2016가단214893

손해배상(기)

Text

1. The Defendant’s KRW 25,00,000 and the Plaintiff’s annual rate of KRW 5% from August 30, 2016 to August 14, 2019, and the following.

Reasons

1. Basic facts

A. The Seo-gu Daejeon District Office Nos. 4 and 5 (hereinafter collectively referred to as the “instant commercial building”) owned F.

On November 19, 2010, the Plaintiff concluded a lease agreement between F and F with the terms of KRW 70,000,000 for the lease deposit, KRW 2,100,00 for the rent, and the term from November 23, 2010 for the period from November 22, 2015.

(hereinafter “instant lease agreement”). B.

After renting the instant commercial building, the Plaintiff operated the store with the trade name “G” in the said commercial building.

C. Meanwhile, the Defendant purchased the instant commercial building from F and completed the registration of ownership transfer on February 23, 2015, and succeeded to the lessor status of the instant lease agreement.

On November 22, 2015, the date of termination of the lease contract, the Plaintiff delivered the above commercial building to the Defendant.

E. The provisions of Article 10-4 relating to premium in the former Commercial Building Lease Protection Act (amended by Act No. 15791, Oct. 16, 2018; hereinafter “former Commercial Building Lease Act”) are as follows.

The above provision was newly established on May 13, 2015 and enforced on the same day, and it was applied from the lease in existence at the time of its enforcement.

Article 10-4 (Protection, etc. of Opportunity to Collect Premiums) (1) No lessor shall interfere with receiving premiums from a person who intends to become a new lessee arranged by the lessee according to the premium contract by doing any of the following acts from three months before the lease term expires to the termination date of the lease:

Provided, That the same shall not apply where any ground falling under any subparagraph of Article 10 (1) exists.

(3) Where a lessor causes damage to a lessee in violation of paragraph (1), he/she shall be liable to compensate for such damage.

In such cases, the amount of damages shall be paid by a new lessee to the lessee.