beta
(영문) 부산지방법원 2020.06.18 2019가단321012

손해배상(기)

Text

1. Defendant B’s KRW 14,820,00 for the Plaintiff and KRW 5% per annum from June 29, 2019 to June 18, 2020.

Reasons

1. Basic facts

A. On August 14, 2012, the Plaintiff, as the owner of the building listed in the separate sheet No. 1 (hereinafter “instant building”), entered into a lease agreement with D and E (hereinafter “non-partys”) on the lease deposit amounting to KRW 170,00,00, and three years (from August 14, 2012 to August 13, 2015) for the lease deposit amounting to KRW 4,500,000, and the lease agreement was renewed on August 13, 2015 (hereinafter “previous lease agreement”).

B. In order to reduce the burden of lease deposit, etc. on the first floor of the instant building in 2015, the Nonparty expressed his/her intention to sublet the section 66 square meters (hereinafter “sub-lease”) at the bottom of the ship connecting each point of 1, 2, 3, 4, 5, 6, 1, and 1 in sequence, among the first floor of the instant building (hereinafter “the instant sub-lease”), and upon the consent of the Plaintiff, D entered into a sub-lease contract with Defendant B and the lessor around October 20, 2015 (hereinafter “the instant sub-lease contract”). < Amended by Presidential Decree No. 26799, Oct. 20, 2015; Presidential Decree No. 2000, Oct. 20, 2015; Presidential Decree No. 20000, Oct. 1, 200, 2000; Presidential Decree No. 26760, Nov. 8, 2015>

In order to obtain a loan from a micro enterprise, Defendant B seems to have also prepared a lease agreement on October 20, 2015, which was entered into between the Plaintiff and the lessor, the lessee, Defendant B, and the Nonparty.

After that, Defendant B operated a sprink (hereinafter “instant restaurant”) in the preceding part of the instant vehicle, and paid monthly rent to the Nonparty.

C. However, as the Nonparty neglected the duty to pay monthly rent under the previous lease agreement, the Plaintiff filed a lawsuit against the Nonparty, including the name of the building, with the Busan District Court 2017Kadan29794, and was sentenced to a judgment of non-litigation that the Plaintiff won on February 6, 2018, and the said judgment became final and conclusive around that time.