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(영문) 서울중앙지방법원 2016.03.03 2015가단45442
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 3, 2011, the Plaintiff leased from the Defendant the 332.16 square meters of Seoul Gangnam-gu Seoul Building (hereinafter “instant building”) with the 332.16 square meters as follows:

- Rent period: - From March 23, 2011 to March 22, 2016 - Deposit: 100,000,000 won - Monthly rent: 6,875,000 won (including value-added tax): 1,250,000 won;

B. From April 1, 2011, while operating a reading room in the name of “D Reading Room” on the third floor of the instant building, the Plaintiff transferred all the rights to the operation of the reading room to E on October 6, 201, setting the transfer amount to KRW 105,000,000.

After receiving any balance from E on October 12, 2012, the Plaintiff paid 15,00,000 won to E as the cost of installing soundproof facilities, which are inadequate for reading rooms, as stipulated in the special agreement.

C. On October 6, 2012, the Defendant concluded a lease agreement with respect to the third floor of the instant building, setting the lease agreement as KRW 100,000,000 for the lease period from October 12, 2012 to October 11, 2015, monthly rent of KRW 6,875,00 for management expenses (including value-added tax) and KRW 1,250,00 for management expenses.

The above lease agreement contains a special agreement that the lessee is responsible for soundproofing the object of lease, and the lessor is entitled to the lease related to the noise at the time of lease of another real estate in the building.

Even until now, the third floor of the building of this case is used as a reading room.

E. Meanwhile, on March 26, 2012, F, the Defendant’s son, entered into the instant building extension contract with G with the following content, and the extension corporation was completed around October 2012.

- Construction site and construction articles: 5 stories extension works in Gangnam-gu Seoul Metropolitan Government C building - Construction period: From April 2, 2012 to June 10, 2012, the work hours from June 201 to June 10, 2012 shall proceed between 8:1:00 p.m. to 17:00 p.m., and

In the event that the construction is delayed and the construction is not completed by the completion date of the construction, it shall be suspended once and used by the third floor reading room in the building.

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