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(영문) 서울서부지방법원 2017.07.18 2016가단213643
손해배상(기)
Text

1. Defendant B shall pay to the Plaintiff KRW 65,00,000 and the interest rate of KRW 15% per annum from April 22, 2016 to the date of full payment.

Reasons

Basic Facts

A. Since around eight years before and after the Plaintiff became aware of Defendant B, the Plaintiff became affiliated with each other in a mutual relationship since November 2013, and operated kin sales stores, restaurants, etc. with the money of the Plaintiff and the Plaintiff, Defendant B’s money, etc.

B. On June 7, 2014, between the lessor E and F on behalf of the Plaintiff, Defendant B entered into a lease agreement with the Plaintiff on the lessee, lease deposit of KRW 30 million, monthly rent of KRW 1.6 million (excluding value-added tax), and for two years from December 1, 2015 (hereinafter “instant lease agreement”). After completing the business registration under the Plaintiff’s name, Defendant B operated the said store with the trade name “H” (hereinafter “instant store”).

At the time, Defendant C, a licensed real estate agent, mediated the above lease contract.

C. However, around August 2015, the store of this case was in arrears for more than 5 to 6 months, and the lessor sent to the lessee a certificate of the content that included the lessee’s termination notification, or the lessor urged the lessee to pay the overdue rent or delivered the lessee’s intention to terminate the lease through the Defendant C who arranged the lease contract.

In September 30, 2015, between Defendant B and I, who had worked at the main place of sales of Drininin referred to in this case, the above store-related rights (facilities) transfer and takeover contract (hereinafter “instant premium contract”) was concluded between the Plaintiff’s agent and B, and at the time, the broker C mediated this.

[Ground of recognition] Whether the witness I's testimony, Gap evidence 1 to 5, Eul evidence 1, 2, and 3 are written, and the purport of the whole argument is to determine the claim against defendant B

A. The Plaintiff asserts that Defendant B is liable for compensating for the above damages, on the ground that Defendant B’s termination of the instant lease agreement without permission, caused damages of KRW 65 million due to the tort committed by receiving the lease deposit and premium, and embezzlement.

(b) judgment;

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