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(영문) 춘천지방법원강릉지원 2017.05.16 2016가단50395
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 75,880,000 and the interest rate of KRW 15% per annum from January 31, 2016 to the day of complete payment.

Reasons

1. Basic facts

A. On May 2, 2001, the Plaintiff entered into a lease agreement with the Defendant on the condition that the lease deposit amount of KRW 100 million, monthly rent of KRW 180,000,00, and the lease period of KRW 2 years, between the Plaintiff and the Defendant, 104 of the building C, which is a reinforced concrete of KRW 73.390,00 (hereinafter “instant shopping district”) at the same time owned by the Defendant, and operated the instant shopping district with the trade name “D” after paying the lease deposit.

B. Since then, the instant lease agreement was continuously renewed, and it was raised to KRW 2,000,000 as monthly rent around September 2013.

C. On August 19, 2015, the Plaintiff agreed to transfer the right to the instant commercial building with SK Telecom Co., Ltd. (hereinafter “Nonindicted Company”) and entered into a contract for the transfer of the right to the instant commercial building (hereinafter “the instant premium contract”) with the amount of KRW 77,500,000 (Additional Tax). The Plaintiff entered into a contract for the transfer of the right to the instant commercial building (hereinafter “the instant premium contract”) and concluded the lease contract after one week.

However, around August 26, 2015, the defendant notified the plaintiff that he would terminate the lease contract on the ground that he would refuse to conclude the lease contract with the non-party company and directly use the commercial building of this case.

E. On September 2, 2015, the Plaintiff concluded a lease contract with E on the instant commercial building as premium transfer amounting to KRW 73,000,000 (additional tax separate), but the Defendant also refused to conclude a lease contract with E on the ground of direct use.

F. On October 19, 2015, the Plaintiff handed over the instant commercial building to the Defendant, and received the remaining security deposit after deducting KRW 1,980,000, the rent for one month.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, witness F's testimony, purport of whole pleadings

2. Determination

A. Since there is no evidence as to the claim for the unpaid deposit, the Plaintiff did not delay the rent until the time when the commercial building was transferred, the Defendant is obligated to pay the Plaintiff the unpaid deposit amount of KRW 1,980,000 and the delay damages therefor.

(b) opportunity to recover premiums;

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