(영문) 서울서부지방법원 2017.09.06 2016가단238543

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(영문) 서울서부지방법원 2017.09.06 2016가단238543

손해배상(기)

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1. The counterclaim Defendant: (a) each of the 22,776,000 won against the Counterclaim and its interest shall be annually from May 30, 2016 to September 6, 2017.

Reasons

1. Facts of recognition;

A. On November 1, 2010, the Plaintiff entered into a lease agreement with the counterclaim Defendant, setting the lessee’s deposit amount of KRW 10,000,000, monthly rent of KRW 1,200,000, and the period from November 1, 2010 to October 31, 2012 (hereinafter “instant lease agreement”).

B. From around that time, the Lessee operated a furniture store with the trade name “E” in the instant building. From October 25, 2012 to October 31, 2012, the Lessee newly drafted a lease agreement containing the following: (a) the monthly rent of KRW 1,400,000; (b) the period changed from November 1, 2012 to October 31, 2014; (c) the Lessee included B in the Lessee around May 30, 2014; (d) the deposit was KRW 30,00,000; (e) the monthly rent was KRW 1,70,000; and (e) the period was changed from May 30, 2014 to May 29, 2016.

C. On February 25, 2016, there was no intention to renew the instant lease agreement to the counterclaim, and the counterclaim sent a certificate that contains the content of requesting the delivery of the instant building upon the expiration of the period. D.

On June 16, 2016, the counterclaim Defendant filed the instant lawsuit against the counterclaim Plaintiff seeking to specify the instant building. On or around March 2017, the remainder of the deposit that settled the overdue rent, etc. of the instant building was returned to the counterclaim, and at the same time, withdrawn the principal lawsuit according to the delivery of the instant building from the counterclaim Plaintiff, and the counterclaim consented thereto.

E. At the time of termination of the lease of the instant building, premium is KRW 45,552,200.

[Ground of recognition] Unsatisfy, Gap evidence 1 through 5, Eul evidence 1 (including numbers; hereinafter the same shall apply), appraiser F's appraisal result, the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Lessees in the instant case around April 2016.

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