logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2019.11.22 2019나1982
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On February 24, 2015, the Plaintiff leased the first floor store of the Busan metropolitan transportation Daegu C (hereinafter “instant store”) at KRW 2 years of lease, KRW 30 million of lease deposit, and KRW 1,300,000 of rent monthly (hereinafter “instant lease contract”), from the Defendant, the Plaintiff paid KRW 18,000,000 as premium to the former lessee.

B. On February 13, 2017, the Plaintiff entered into a contract with the Defendant to extend the term of the instant lease agreement to February 24, 2018 and to increase the rent to KRW 1,417,000 per month.

C. Around January 2018, the Plaintiff notified the Defendant of the termination of the instant lease agreement, and left the said store on February 24, 2018.

Meanwhile, around January 2018, the Plaintiff introduced D to the Defendant as a new lessee, but it did not conclude a lease contract with the Defendant.

E. On April 18, 2018, the Defendant newly concluded a lease agreement with E with the lease deposit amounting to KRW 30 million and KRW 1.5 million per month for the instant store.

[Evidence] Facts without dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. On January 2018, before the expiration of the instant lease agreement, the Plaintiff asserted that D was arranged as a new lessee to the Defendant, a lessor, and that the Defendant demanded deposit of KRW 50 million and monthly rent of KRW 2 million. Thus, the lease agreement with the said D was not concluded.

In addition, when the defendant requests the plaintiff to waive the premium, the defendant interfered with the plaintiff's collection of the premium by requesting the real estate brokerage office to lease the store of this case to a store with no premium. Accordingly, the plaintiff could not recover the premium eventually.

The Defendant’s act is a new lessee arranged by the lessee in violation of Article 10-4(1) of the Commercial Building Lease Protection Act (hereinafter “Commercial Building Lease Protection Act”).

arrow