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(영문) 서울중앙지방법원 2020.10.29 2019가단5310149
손해배상(기)
Text

1. The Plaintiff, Defendant C, Defendant C, Defendant D, Defendant D, KRW 19,653,90, and each of the above amounts from January 28, 2020.

Reasons

1. Facts of recognition;

A. On October 8, 2014, the Plaintiff leased the Jongno-gu Seoul Metropolitan Government E site and its ground buildings (hereinafter “instant commercial building”) owned by B from October 8, 2014, KRW 70 million, KRW 2500,000,000 per month, and the lease term from November 7, 2014 to November 7, 2016. The Plaintiff has operated a precious metal and a malicious store with the trade name “F” from the instant commercial building.

B. After that, around November 2016, the time following the end of the above lease contract, the Plaintiff entered into a lease extension contract with B with respect to the instant commercial building with the content that the lease deposit amount of KRW 70 million, monthly rent of KRW 27 million, and the lease term of KRW 70 million from November 7, 2016 to November 6, 2019 (hereinafter “instant lease contract”).

C. B around September 2019, two months prior to the expiration date of the instant lease agreement, notified the Plaintiff that the extension of the lease agreement was impossible, as the instant commercial building was scheduled to be sold to a third party.

On September 26, 2019, the Plaintiff paid KRW 25 million to the former lessee, and invested KRW 150 million in the interior of a commercial building. Therefore, if it is difficult to extend the lease contract, the premium should be recovered even if it is difficult. Therefore, the Plaintiff verified the content that “if the lease contract is newly entered into prior to the expiration of the contract, it is difficult to actively request the cooperation to enter into the lease contract.”

On September 30, 2019, this paper accepted the above content certification and responded to the purport that the request for collection of premium is not acceptable since B is scheduled to conduct a transaction, not a lease, to the Plaintiff.

On October 10, 2019, the Plaintiff entered into a premium contract with G that intends to become a new lessee of the instant commercial building (hereinafter “the instant premium contract”) with the content that the Plaintiff transfers the entire facilities and equipment, and goodwill in the instant commercial building in KRW 100 million for the premium (hereinafter “the instant premium contract”) and received KRW 10 million as the down payment from G on the same day.

E. The Plaintiff on January 2019

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