(영문) 서울서부지방법원 2019.06.14 2018나35848

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(영문) 서울서부지방법원 2019.06.14 2018나35848

손해배상(기)

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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. 1) On March 21, 2016, the Plaintiff’s restaurant (hereinafter “instant store”) with the trade name, “F” located in Yangcheon-gu Seoul Metropolitan Government E and 1st floor, which was operated by D from D under the name of C on March 21, 2016.

2) The premium contract for the premium of this case (hereinafter “the premium contract of this case”) shall be executed in a manner that accepts premium of 248,000,000 won.

(2) Article 7 of the premium contract of this case provides that “The unit equipment of the facility shall be transferred according to the status as at the time of the contract, and the seller shall restore to its original state or compensate for the loss, provided that the leased article shall succeed to the buyer as at the time of the contract. The list of the equipment shall be prepared in the attached Form or on-site photographs.”

B. (1) On March 25, 2016, the Plaintiff entered into a contract with the Defendant on the lease of the lease deposit amount of KRW 40 million, monthly rent of KRW 3,014,00 (excluding value-added tax), and the lease period from April 16, 2016 to April 30, 2018 (hereinafter “instant lease contract”).

2) The main contents of the instant lease agreement are as follows.

(B) A is the plaintiff, and A is the defendant. (A) Article 11 (Operation of Lease Objects and Construction of Facilities) (1) A is to use the leased object prescribed in Article 1 for the purpose of lease. The interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior construction (excluding ceiling, floor, walls, furniture, house fixtures and related facility construction) construction (excluding furniture, house fixtures) designed by A shall be constructed at the expense of B, but it shall be constructed under the management in accordance with the design plan for interior interior (excluding household, house fixtures) designed by A to achieve the unity of the whole commercial building.

(2) If B wishes to do any of the following acts, A’s prior written consent shall be obtained and shall be obtained:

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