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(영문) 대구지방법원서부지원 2015.05.13 2014가단15211
손해배상(기)
Text

1. Defendant B’s KRW 4,322,530 as well as 5% per annum from May 20, 2014 to May 13, 2015.

Reasons

1. Basic facts

A. On October 18, 2013, the Plaintiff entered into a contract with the Defendant to lease the lease deposit amount of KRW 50,000,000, monthly rent of KRW 3,300,000, and the lease period of KRW 3,000 from October 16, 2013 to July 16, 2014 (hereinafter “instant lease contract”).

(B) The term of lease is from November 16, 2013 to July 31, 2014, but there is no dispute between the parties regarding the term of lease.

The Plaintiff was subject to the disposition of business suspension (from December 26, 2013 to January 1, 2014) on the ground that part of the main part of the instant building was an unauthorized building while running a restaurant business in the instant building from October 16, 2013, and the Plaintiff closed the said restaurant on January 27, 2014.

C. Defendant B voluntarily removed the unauthorized part on February 25, 2014, upon receiving corrective orders from an administrative agency with respect to the matters of the above Building Act.

【Us. 4, 5, Eul evidence Nos. 1-2, 2-1, and 2 of the evidence Nos. 1-2, 2-2, the fact-finding results to the head of Daegu North Korea Office of this Court, the purport of the whole pleadings

2. Part of the claim against the defendant B

A. The Plaintiff 1’s assertion excluding the unauthorized part of the Plaintiff 1’s instant building, the space that can be used as the main room does not reach one square meter, and thus cannot operate a restaurant business. As such, the instant lease agreement was terminated due to Defendant 2’s failure to perform the lessor’s duty to provide the leased object as necessary for use and profit-making.

Therefore, Defendant B is obligated to pay the Plaintiff damages, and the amount of damages are as follows.

① 6.5 million won paid by the Plaintiff to the former lessee under the pretext of facility costs, office fixtures, etc.

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