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(영문) 대전지방법원천안지원 2020.11.04 2020가단103586
손해배상(기)
Text

1. As to the Plaintiff KRW 5,00,000 and KRW 40,000 among them, the Defendant shall pay to the Plaintiff KRW 55,00,000 from March 21, 2020, KRW 15,000,00.

Reasons

1. Basic facts

A. On November 19, 2019, the Plaintiff entered into a lease agreement with the Defendant on the condition that one floor (hereinafter “instant real estate”) among the land buildings owned by the Defendant and the Defendant, in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seoul (hereinafter “the instant lease agreement”) was leased at KRW 100 million from March 2, 2020 to March 2, 202, with respect to the lease deposit, KRW 100 million from March 2, 2022, and KRW 7 million from rent (hereinafter “the instant lease agreement”). The relevant part of the instant lease agreement is as follows.

[Cancellation of Contract] Article 6 (Cancellation of Contract] Where a lessee does not pay an intermediate payment to a lessor (if there is no intermediate payment, a lessor shall pay a double the down payment, and the lessee may waive the down payment and rescind this contract.

Article 7 [Presumed Performance of Obligations and Compensation for Damages] If a lessor or lessee fails to perform any of the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted and rescind the contract.

In such cases, the parties to a contract may claim damages from the other party, respectively, due to the cancellation of contract, and the contract deposit shall be deemed as compensation for damages, unless otherwise agreed.

[Matters of special agreement] Lease with present facilities

(The amount of the contract shall be KRW 37,00,000 after deducting the amount of the unpaid amount of KRW 3,000,000 which has not been terminated under the existing contract. Additional taxes shall be imposed on the rent, and management expenses shall be KRW 300,000 (the remainder shall be paid immediately after receiving an order of the leased object). 5. Commencement of business shall be March 2, 2020.

For the authorization, permission, etc. concerning business, the lessee shall bear the new authorization, permission, etc. concerning the business and obtain it.

6. Since a contract is for the purpose of authorization and permission for a game room from March 2, 2020, if authorization and permission is impossible, the contract shall be terminated, and the deposit shall be immediately returned and terminated without penalty of both parties.

The current lessee will take over due to the illegal act of the current D Gameland, which is the object of lease.

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