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(영문) 수원지방법원안양지원 2013.09.27 2013가합1926
손해배상(기) 등
Text

1. The Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) each amounting to KRW 5,650,000, and the Defendant (Counterclaim Plaintiff) amount to KRW 4,801,000.

Reasons

1. Facts of recognition;

A. On November 12, 2007, the Plaintiff entered into the instant lease agreement with G on behalf of the Defendants and the Defendants’ joint ownership (hereinafter “instant store”) with a special agreement on KRW 50 million per deposit, KRW 3,500,000 per month (which shall be paid in advance on November 14, 2007), and the period from November 14, 2007 to November 13, 2009 (hereinafter “instant lease agreement”). The main contents are as follows.

1. A separate surtax;

5. If a lessee wishes to enter into a contract with a new lessee during the lease period, the lessor shall enter into the lease contract under the same conditions;

6. Cooperation without delay shall be made with respect to the documents necessary for change of use and authorization or permission.

8.In the event of re-contract after two years, the rent shall be increased by 3.50,000 won.

B. Upon the termination of the instant lease agreement, the Plaintiff entered into the instant lease agreement and installed the interior facility at the above store on a monthly price (the Plaintiff agreed to exempt the Plaintiff from the obligation to pay the rent during the interior of the interior facility). The Plaintiff engaged in restaurant business in its trade name, and the instant lease agreement was renewed on November 14, 2009.

However, even though the Defendant was unable to conduct the restaurant business due to the continuous leakage in the store of this case, the Defendants neglected the duty to repair the said store, and the Plaintiff terminated the instant lease contract against the Defendants around April 15, 2013, and thereby, the said lease contract was terminated.

[Ground of recognition] A without dispute; Gap evidence 1, 6; Eul evidence 1 and 10; Gap evidence 2; each video; the result of the verification by this court; the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. In case of a lease contract for liability for damages caused by water leakage, the lessor has the object maintained necessary conditions for use and profit-making during the existence of the contract.

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