(영문) 대구지방법원 2017.01.12 2015가합206663

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(영문) 대구지방법원 2017.01.12 2015가합206663

손해배상(기)

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1. The Defendants jointly share KRW 207,790,079 against the Plaintiff, and Defendant B from October 24, 2015 to Defendant C.

Reasons

1. Basic facts

A. The Defendants share 1/2 shares of the Daegu Northern-gu D ground building (hereinafter “instant building”), and the Plaintiff is a person who entered into a lease agreement with the Defendants on a part of the said building as follows:

B. On October 12, 2010, the Plaintiff entered into a lease agreement with the Defendants on the first floor of the instant building (hereinafter “leased object”) with a deposit of KRW 130,000,000, monthly rent of KRW 7,500,000, and the lease term of KRW 11,015 (hereinafter “instant lease agreement”).

C. In accordance with the instant lease agreement, the Plaintiff operated a coffee specialty store (hereinafter “instant coffee specialty store”) with the trade name “E store” at the said place after being delivered the leased object from October 12, 2010 to the said place.

On December 14, 2010, the Defendants filed a petition against the Plaintiff with the Daegu District Court 2010384 (hereinafter “instant petition telephone”) to file a lawsuit, and the protocol on the telephone for filing a lawsuit was prepared on January 28, 2011 (hereinafter “the protocol on the filing of the lawsuit”). The main contents are as follows.

1. On October 11, 2015, with respect to the instant lease agreement, the Plaintiff received from the Defendants a balance of overdue rent and other taxes and public charges deducted from the lease deposit, and simultaneously delivers the leased real estate.

2. The Plaintiff may not sublet the Plaintiff to another without the consent of the Defendants, and the Defendants may terminate the contract in the event that the Plaintiff fails to pay the monthly rent more than twice.

3. When the Plaintiff delivers a leased building, the Plaintiff is not entitled to file a claim with the lessor for necessary, beneficial, and other premium.

E. Meanwhile, the Defendants operated a bath on the third or seventh floor of the instant building. After removing the bath, the Defendants concluded a contract for the said construction work with Nonparty Y Co., Ltd. (hereinafter “instant construction”) on the window protection, glass attachment, interior construction, etc. of the outer wall of the building (hereinafter “instant construction”).

(f) Accordingly.

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