건물인도
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On January 17, 2020, the Plaintiff entered into a contract with the Defendants to lease the instant store by setting the lease deposit of KRW 100 million, KRW 4 million per month, and the period from January 31, 2020 to January 31, 2021 (hereinafter “instant lease contract”), and stipulated the following terms as a special agreement.
A lessor is scheduled to divide into three partitions, 7 square meters on the left side of the front section, 7 square meters on the right side of the front section, and 10 square meters on the back section, by the lessor.
(bb) A lessee is scheduled to operate the business of brecing breing, and the registration of the business of authorizing and permitting the rest restaurant is the responsibility of a lessee, and the lessor does not lease the same type of business to the remaining part of the Fhoe (hereinafter referred to as the “instant special agreement”). The area of the leased part is about seven square meters (Gho Lake) away from 24.5 square meters in front and 3 meters in front. The rental period is 45 days from January 31, 2020 to March 16, 2020 (the lessee bears the management expenses incurred during the lease period).
B. The Plaintiff paid KRW 50 million to the Defendants on the date of the contract.
On February 3, 2020, the Plaintiff deposited the remainder lease deposit with the Daejeon District Court No. 632 in 2020.
[Ground for Recognition] Unsatisfy, entry of Gap evidence 1 to 3
2. The parties' assertion
A. The summary of the Plaintiff’s assertion (1) Claim for damages due to delay in the duty of delivery ① The Plaintiff deposited the remainder of the lease deposit KRW 50 million on February 3, 2020 and performed the contractual obligations, but the Defendants delayed the duty of delivery of the instant store, and delivered the said store to the Plaintiff only on March 5, 2020.
Therefore, during the period from February 4, 2020 to March 5, 2020, the Defendants are liable to compensate the Plaintiff for the legal interest equivalent to KRW 423,497 (i.e., KRW 100 million x 5% per annum x 31/366).
② The Plaintiff is the instant store and the next shopping mall, G.