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(영문) 서울남부지방법원 2017.11.28 2016가단246040
손해배상(기)
Text

1. The Defendant’s KRW 72,268,786 as well as 6% per annum from October 7, 2016 to November 28, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. On March 13, 2012, the Plaintiff entered into a contract with the Defendant on the lease deposit amounting to KRW 50,000,000, monthly rent of KRW 3,000,000 (excluding value-added tax), and the lease agreement with each of the two years from the same date (hereinafter “instant lease agreement”).

The Plaintiff paid 50,000,000 won to the Defendant around the date of entering into the instant contract, and the said lease was subsequently renewed several times thereafter.

B. The Plaintiff operated a restaurant with a trade name in the instant building.

C. Since early 2015, the drainage pipe of the instant building frequently prevented the Plaintiff from demanding repair over several occasions, the Defendant asserted that the repair was caused by the Plaintiff’s negligence and did not repair.

On May 24, 2016, the Plaintiff notified the Defendant that the instant lease contract was terminated on the ground that the Defendant was unable to normally operate restaurant business in the instant building, and the Defendant breached its duty to maintain the leased object in a state suitable for use and profit-making.

E. On June 12, 2016, the Plaintiff returned the instant building to the Defendant.

F. The defendant is a stock company that runs real estate leasing business.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2, 3, and 4, the purport of the whole pleadings

2. The gist of the parties’ assertion is the cause of claim. The instant lease agreement was renewed each year, and the expiration date of the lease term was extended on March 12, 2017. Since the instant lease agreement was terminated on May 24, 2016 as the Defendant’s nonperformance of obligation, the Defendant: (a) KRW 50,000, and KRW 50,000, and KRW 66,806,359, which the Plaintiff was unable to operate a restaurant in the instant building for about nine months from May 25, 2016 to March 13, 2017, = 50,000, and KRW 66,806,359.

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