(영문) 춘천지방법원 2018.06.27 2017가합117

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(영문) 춘천지방법원 2018.06.27 2017가합117

손해배상(기)

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1. The Defendants jointly share KRW 4,358,694 with the Plaintiff and 5% per annum from May 1, 2018 to June 27, 2018.

Reasons

1. Status of the parties concerned and the background of building management;

A. The Defendants, as married couple, own one half of the buildings listed in the separate sheet (hereinafter “instant building”) as a couple.

B. On April 1, 2005, the Defendants, with the lessor’s name as Defendant C, leased 50.32 square meters part of the first floor of the instant building and 2,3,4, and 5 floors (hereinafter “the instant inns”) to Plaintiff B, and agreed to pay monthly rents differently depending on the profits accrued from the instant inns.

C. On July 1, 2007, the Defendants drafted a contract for the lease of the instant leisure hall to the Plaintiff B with the lessor’s name as Defendant C.

hereinafter referred to as "the 2007 Agreement"

(1) The following is a part of the terms of the contract. First, the term of lease is from July 1, 2007 to June 30, 2009 (2 years). However, it is possible to sell the leased building without regard to the circumstances of the lessor within the term of the lease, and compensation for the lessee is not complete. Second, there is no security deposit, rent is KRW 50,000 per month, and the lessee must pay to the lessor at the end of each month. Fourth, the lessee is responsible for the maintenance and repair of the guest room facilities, maintenance of equipment, provision of fire-fighting and safety education, etc. of the leased object. However, the repair of the building, alteration or alteration of facilities, and alteration of signboards, etc. shall be made at the expense of the lessor.

D. On May 1, 2011, the Defendants drafted a contract with the lessor as Defendant C to lease the part of 26.88 square meters (hereinafter “instant retail store”) of the first floor of the instant building, excluding the inn part, to Plaintiff A, who is the husband of the Plaintiff B.

hereinafter referred to as "the 201 Agreement"

. The following is part of the terms of the contract:

2. The term of lease shall be from May 1, 201 to April 30, 201;

Provided, That even within the contract period, a lessor shall own the building, such as sale.

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