(영문) 울산지방법원 2016.11.30 2015가단52595

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(영문) 울산지방법원 2016.11.30 2015가단52595

손해배상(기)

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1. The Defendant (Counterclaim Plaintiff) paid KRW 21,00,000 to the Plaintiff (Counterclaim Defendant) and its related amount from April 15, 2015 to November 30, 2016.

Reasons

1. Basic facts

A. On July 10, 2013, the Plaintiff leased approximately 20 square meters from the Defendant to July 11, 2015, a deposit for KRW 65,00,000, monthly rent of KRW 1,600,000 (Additional tax separately), and the lease period from July 11, 2013 to July 11, 2015 (hereinafter “instant lease agreement”).

B. The Plaintiff operated a mobile phone store in the instant commercial building.

C. At the time of the instant lease agreement, the Plaintiff paid KRW 55,00,000 to D, a lessee of the instant commercial building, as premium.

On the other hand, around 2014, when the Defendant had been operating a mobile phone store in the instant commercial building, the Plaintiff and the Defendant prepared a contract execution agreement (hereinafter “instant contract execution agreement and the instant contract execution agreement”) containing the following contents, while engaging in the construction project to remodel the instant commercial building (hereinafter “instant construction project”).

1) The Plaintiff and the Defendant shall re-preparation the lease contract at the time of occupancy after the completion of the construction work. 2) After the occupancy, deposit of KRW 65,00,000 and monthly rent of KRW 1,600,000 among the terms and conditions of the instant lease contract will be accepted by the Plaintiff and the Defendant, and the Plaintiff’s deposit will be succeeded to as

3) The term of the lease agreement shall be two years from the time of occupancy after the completion of the construction work. 4) The interior finishing of the leased establishment (such as electricity, lighting, windows, floors, ceiling, walls, toilets, etc.) to be occupied after the completion of the construction work shall be borne by the Defendant, and the interior finishing work shall be executed at the same level as the existing interior finishing details of the store, and the method of construction and the selection of materials shall be consulted in advance.

5) The Plaintiff and the Defendant do not generate monthly rents during the construction period from June 10, 2014 to September 10, 2014. 6)

7. Monthly losses incurred by the plaintiff during the 7 construction period.

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