(영문) 부산고등법원 (창원) 2021.02.04 2020나11905

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(영문) 부산고등법원 (창원) 2021.02.04 2020나11905

손해배상(기)

Text

1. A plaintiff (Counterclaim defendant) who exceeds the following amount among the part concerning the counterclaim against the judgment of the court of first instance.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On July 11, 2013, the Plaintiff and the Defendant concluded a lease agreement with the Defendant on the leased deposit amounting to KRW 20 million, monthly renting KRW 10 million, and the period from September 1, 2013 to KRW 3 years, respectively (hereinafter “instant lease agreement”). On July 31, 2013, the Defendant wired KRW 150 million to the Plaintiff’s bank account on July 31, 2013.

B. The Plaintiff and the Defendant drafted a lease agreement around September 1, 2013, and added the following special terms to the instant lease agreement:

On September 4, 2013, the Defendant transferred KRW 50 million to the bank account of I, a spouse of the Plaintiff, to the following bank account, and paid a total of KRW 200 million as stipulated in paragraph 1 of the following special agreement.

Matters of special agreement

1. The lessee shall pay 200 million won to the lessor as the facility, but may not request the lessor for the replacement of the facility at the later expiration of the lease period; and

2. Internal facilities, the lessee of which has remodeled for the purpose of lease, shall be restored to their original condition before the lease contract is concluded, and the alteration of internal facilities shall be restored to the lessor for the purpose of the lessee’s business, so that all the lessor may not claim the cost for such alteration.

3. If the lessee is unable to pay the rent on more than two occasions a month, the lessee is entitled to succeed the name of the lessor, and the lessee is ordered to order the lessor to do so without any objection.

4. Where permission is revoked by negligence of a lessee during the term of lease, the amount of KRW 100 million shall be paid to the lessor as compensation for losses.

5. During the lease term of this case, the lessee may not grant a business license or transfer the entrepreneur’s name or sublet the leased object to another person without the lessor’s permission, and also make various public charges.

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