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(영문) 수원지방법원평택지원 2019.06.19 2018가합8974
손해배상(기)
Text

1. Of the principal claim filed by the Plaintiff (Counterclaim Defendant), KRW 63,487,022 and the part claiming damages for delay from December 11, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed as the same.

1. Basic facts

A. On October 12, 2017, the Plaintiff entered into a lease agreement with the Defendant on October 12, 2017 with a view to operating a so-called “brin restaurant,” which is against the people in the neighboring construction site, with a view to setting the lease deposit amount of KRW 100 million for the lease deposit of KRW 457.6 square meters on the first floor and KRW 302.4 square meters on October 13, 2017 among the real estate listed in attached Table 1 (hereinafter “Cdong”) from the Defendant, and paid KRW 10 million to the Defendant as the down payment on October 13, 2017.

B. Since then, in the process of asking for business registration in D, the Plaintiff was designated as a retail store with Cdong 1 floor of 457.6 square meters, and at the time, Cdong 1 floor of 457.6 square meters was designated as a “retail store” and the use of 302.4 square meters per floor was designated as a “general restaurant.”

(No. 6). He heard the answer that he is unable to obtain permission for a restaurant.

Accordingly, the plaintiff set up a claim against the defendant, and partially changed the leased object at the end of the consultation with the defendant, and agreed that the defendant's change of use is made so that the plaintiff can obtain permission for restaurant business.

C. In accordance with the foregoing agreement, on October 27, 2017, the Plaintiff entered into a lease agreement with the Defendant on the following: (a) KRW 100 million (in the event of a contract, KRW 10 million shall be paid on October 27, 2017; (b) KRW 20 million in the remainder; and (c) KRW 20 million in the rent; and (d) from October 27, 2017 to October 26, 2019, the lease term of KRW 326.36 square meters in the land among the real estate listed in paragraph (2) of the attached Table (hereinafter “Edong”) with the Defendant as well as the real estate indicated in the attached Table 326.36 square meters in the instant two buildings (hereinafter referred to as “instant two buildings”). However, a lease agreement stipulating the following as a special agreement:

3. Management expenses (450,00) separate management expenses (45,00). The aggregate amount of C/E Dong B1;

4. The whole be used in Vietnam with the first floor of C/E Dong without compensation;

(Provided, That if the first floor is occupied, it shall be re-consulted). 5.

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