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(영문) 서울중앙지방법원 2016.02.17 2015가합517906
손해배상(기)
Text

1. Defendant C Co., Ltd. shall pay to the Plaintiff KRW 171,00,000 as well as to the Plaintiff from November 12, 2015 to February 17, 2016.

Reasons

1. Basic facts

A. Defendant School Foundation B (hereinafter “B”) is the owner of the main hall of the E Hospital Building in Seocho-gu Seoul Metropolitan Government (hereinafter “instant building”), and Defendant C (hereinafter “C”) is the company that leases and manages the first floor of the instant building from Defendant B, and manages and operates it.

B. On October 4, 2013, the Plaintiff’s above Defendant C from Defendant C.

Of convenience facilities for the first floor under the main floor of the instant building, 23% (excluding value-added tax) of the lease period from October 4, 2013 to September 30, 2016, the lease deposit of KRW 150,000,000, and the monthly rent of KRW 25,000,000 (excluding value-added tax), among the convenience facilities for the first floor under the main floor of the instant building, which are managed and operated as prescribed in the attached Form Nos. 1, 2, 3, 4, and 1 (hereinafter “instant store”) was determined and leased as the minimum rent of KRW 25,00,000 (excluding value-added tax) for the lease period from October 4, 2013 to September 30, 2016.

(hereinafter referred to as “the instant lease agreement”) C.

The Plaintiff operated a restaurant "F" (hereinafter referred to as the "F") at the store of this case, and installed a X-part (hereinafter referred to as the "public relations facility of this case") around the entrance of the convenience facility of the first floor of the building of this case at the time of its operation (hereinafter referred to as the "G Pccccot") around November 201, 2013 at the time of its operation.

Until Defendant C removed, as stated in the foregoing paragraph, the instant cafeteria has been publicized through the publicity facilities of this case.

Defendant C removed the instant publicity facilities on December 1, 2013.

Accordingly, on December 10, 2014, the Plaintiff agreed to allow the Plaintiff to install a X-typeer for publicity in the vicinity of the instant restaurant at the time of the instant lease agreement, such as Pdrid, funeral hall, and coffee shop. However, the Plaintiff removed the instant public relations facility from December 2013.

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