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Reasons
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(영문) 대전지방법원천안지원 2017.08.30 2016가단111856
손해배상(기)
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who operated a pharmacy in the name of the E-Contracting in the first floor (hereinafter “the neighboring store of this case”) of the Asan-si D ground building located in the corner of the road in front of the C Hospital.

B. The Defendant is a person who operated a motor vehicle product store in part of the first floor of the ASEAN F and G ground buildings located in the vicinity of the instant store in the direction of the C Hospital (hereinafter “instant store”).

C. On March 10, 201, H entered into a lease agreement with lessor I with respect to the instant store: (a) KRW 100,000,000, monthly rent, KRW 1,000,000 with respect to the instant store; and (b) paid the lessor I the down payment amount of KRW 20,000,000.

On March 15, 2011, the Plaintiff requested I to reverse the lease agreement with H on the instant store, and agreed to bear KRW 20,000,000 out of the amount of damages due to the destruction (a double of the contract amount).

E. Accordingly, on March 28, 201, I reversed the lease agreement with H, and on March 28, 201, concluded a new lease agreement between the Defendant and the Defendant, the lease agreement between KRW 40,000,000 for the instant store, KRW 3,100,000 for the rent month (Provided, That the agreement is KRW 80,000 for the contract) and March 28, 201 for the lease agreement period from March 28, 201 to March 27, 2016.

(B) On March 25, 201, the Plaintiff entered into an agreement with the Defendant on March 25, 201 with respect to the following terms and conditions, and was certified as a notary public, a law firm et al. (hereinafter “instant lease agreement”).

(hereinafter referred to as the “instant arrangement”). A summary of the agreement between the Defendant (A) and the Plaintiff (B) on the right to commercial buildings of the instant store, as follows:

C. Foods

1. The Plaintiff shall pay to the Defendant KRW 50 million as the premium for a commercial building, KRW 20 million on March 25, 2012, and KRW 30 million on March 25, 2013.

(Mahoho Lake omitted). 2. The plaintiff is out of the monthly user fee for the defendant's commercial goods.

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