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(영문) 대구지방법원경주지원 2015.09.22 2015가단1744
손해배상(기)
Text

1. Defendant B’s KRW 15,00,000 as well as 6% per annum from February 28, 2015 to September 22, 2015, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. The Defendants shared the 1/2 shares of the D-ground building in its husband and wife, and run a coffee shop (hereinafter “E”) with the trade name “E” on the 4th floor of the above building. The Plaintiff is a person who operates a mutually coffee shop in the Daegu area.

B. On November 7, 2014, the Plaintiff leased approximately 43 square meters of office rooms (hereinafter “instant store”) from Defendant B, among the third floor of the instant building, 10,000, 10-month rent of 5,000, and 60 months from January 1, 2015, with the terms and conditions of the lease as “1. The said lessor, in lieu of paying a deposit and rent significantly lower than those of other lessees, provided maximum technical and human resources related to coffee with compensation corresponding thereto. On November 2, 2014, the Plaintiff: (a) leased the lease deposit of 10,000,000, ten-month rent of 5,000,000; and (b) leased the lease deposit of 10,000,000,000 won from January 1, 2015; (b) provided the lessee with compensation for the lack of technical assistance to the lessee; and (c) made payment for the lack of technical assistance to the lessee.

'The first lease contract' is called ‘The first lease contract' of No. 1, No. 1.

C. On November 7, 2014, the Plaintiff agreed to pay KRW 10,000,000 as advance payment on November 8, 2014, while awarding a contract for the interior works of the instant store to an Indian business entity run by Defendant B following the conclusion of the said lease agreement. Defendant B did not receive the said advance payment from the Plaintiff.

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