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(영문) 서울서부지방법원 2015.05.08 2014가단21376
손해배상
Text

1. The Defendant’s KRW 920,000 and the Plaintiff’s annual interest thereon from May 30, 2014 to May 8, 2015.

Reasons

1. Basic facts

A. On December 22, 2010, the Plaintiff and the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with a period of 24 months from February 15, 2011 to February 28, 2013, setting the deposit amount of KRW 20,000, monthly rent of KRW 1,000,000, and the period of 24 months between February 15, 201 and February 28, 201.

B. Article 5 of the instant lease agreement (Evidence 1) provides that “If the lease contract is terminated, the lessee shall restore the above real estate to its original state and return it to the lessor,” and the special agreement provides that “the purpose of use of the real estate shall be limited to the clothes store,” “the purpose of use shall be limited to the goods store,” “the internal and external construction shall be subject to mutual agreement,” and “the premium shall not be recognized after the termination of the contract.”

C. From February 15, 201 to March 31, 2011, the Plaintiff brought KRW 15,000,000 for construction cost, and carried out an indoor interior interior interior interior interior interior interior interior construction and entrance construction of the instant building. The Plaintiff moved into the instant building and operated the clothing store in D’s mutual name.

On the other hand, around October 20, 2012, the Plaintiff brought a total of 420,000 won of the construction cost through E companies around October 20, 2012, and performed the construction work to prevent sewage pipes inside the instant building.

On October 11, 2012, where the Plaintiff suffered damage from theft of the goods in the instant building, the Defendant stated that “years and money will be paid to the Plaintiff,” among many neighboring merchants, the Defendant said that the Plaintiff was able to do so.

E. From November 2012, the Plaintiff closed the loss of the instant building and stayed abroad.

The entry was made at the end of August 2013.

F. The Defendant sent three times from January 2013 to February 2013 a notice of termination of the contract from the Plaintiff’s domicile on the ground of default of rent, etc., but not served.

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