(영문) 서울동부지방법원 2015.05.12 2014가합4222

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(영문) 서울동부지방법원 2015.05.12 2014가합4222

손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The fact that the Plaintiff, on October 20, 201, leased the building (hereinafter “instant building”) No. 301 on the third floor, 300,000,000, monthly rent, 6,500,000, and October 19, 201, from the Defendant, Seongdong-gu Seoul and six parcels of land, including Seongdong-gu, Seoul, for lease deposit by the Defendant until October 20, 201. There is no dispute between the parties.

2. Judgment on the plaintiff's assertion

A. At the time of leasing the instant building, the Plaintiff demanded the Plaintiff to pay the premium to the former lessee E, and consulted with the Defendant. Since the Defendant paid KRW 65,000,000 for the premium to E with the payment of the premium to E, the Defendant, who was in a partnership with E, trade or cooperative relationship with E, asserts that the said premium should be returned to the Plaintiff. However, there is no evidence to acknowledge the aforementioned assertion, and the Plaintiff’s assertion is without merit.

B. Next, the Plaintiff asserted that the Plaintiff should pay KRW 100,00,000 to the Plaintiff, while operating the restaurant by leasing and operating the instant building, as the Plaintiff increased the value of the instant building by installing a conference room and kitchen, kitchen, children’s play room, heating facilities, and cooperative equipment with the Defendant’s consent, which brought about approximately KRW 100,00,000,00 in the instant building. However, there is no evidence to acknowledge that the Plaintiff installed the said facilities in the instant building.

The plaintiff's above assertion is without merit.

C. In addition, the Plaintiff asserts that, on April 2013 and June 7 of the same year, on the ground that the Defendant did not pay rent over three times, the Defendant caused approximately KRW 30,000 by decomposition of food materials, such as meat, fish, and vegetables, which were kept in the cooling house of the instant building, and eventually no longer has to close the restaurant, the Defendant shall compensate the Plaintiff for the damages incurred by the Plaintiff due to the above short circuit measures.

However, as above, the building of this case is cut down three times.

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