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(영문) 서울중앙지방법원 2018.09.13 2017가단5096241
손해배상(기)
Text

1. The Defendant’s KRW 16,131,177 as well as the Plaintiff’s annual rate of 5% from May 14, 2017 to September 13, 2018.

Reasons

A. The owner and the store of this case set up a deposit of KRW 33 million and monthly rent of KRW 1.6 million and operated the business in the name of “F” at the store of this case from around that time.

B. The Defendant purchased the instant store and completed the registration of ownership transfer on December 31, 2015, and on the same day, the Plaintiff succeeds to the existing lease agreement as it is, but after the expiration of the period, agreed to increase the deposit amount to KRW 50 million, monthly rent to KRW 1.8 million. In order to confirm this, the following lease agreement was newly prepared.

In indication of real estate: Deposit of the instant store: The remainder of KRW 33 million shall be paid at the rate of KRW 33 million on December 31, 2015.

The rent of KRW 1.6 million shall be paid on the 31st day of each month.

The term of existence: The lessor shall deliver the above real estate to the lessee on December 31, 2015, and the term of lease shall expire on July 30, 2016 (7 months).

[Matters of special agreement] * It does not recognize premium and facility expenses without a lessor's consent.

* It cannot be transferred to a third party without the lessor’s consent.

* After July 30, 2016, deposit amount is KRW 50 million and monthly rent is KRW 1.8 million.

C. On July 28, 2016, the Plaintiff paid KRW 17 million to the Defendant the increased deposit.

On February 2, 2017, the Plaintiff: (a) requested a licensed real estate agent H of the G Licensed Real Estate Agent Office for the lease of the instant store; and (b) on February 22, 2017, the Plaintiff introduced I (K’s son who operated the store from the same floor to the J’s trade name) to the Defendant as a new lessee.

On February 22, 2017, the Defendant: (a) concluded a lease agreement between I and I as to the instant store; (b) KRW 50 million in the monthly rent; and (c) from March 6, 2017 to March 5, 2019; (c) received KRW 5 million in the down payment; and (d) paid the Plaintiff KRW 5 million in the form of partial return of the deposit amount.

E. On February 28, 2017, the Defendant returned a double of the down payment to I and concluded a lease contract with I.

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