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(영문) 서울동부지방법원 2016.04.19 2015가단117777
손해배상(기)
Text

1. The Defendant’s KRW 20,000,000 as well as 5% per annum from July 14, 2015 to April 19, 2016 to the Plaintiff.

Reasons

1. The following facts are not in dispute between the parties, or may be acknowledged in full view of the entries in Gap evidence 1 to 5, and the testimony of the witness C, the whole purport of the pleadings:

(A) Nos. 3-1 and 2 shall be admitted by the testimony of the witness D.

On May 21, 2012, the Plaintiff operated a restaurant after setting the lease deposit amount of KRW 20 million, monthly rent of KRW 1 million, and the lease term of KRW 20 million from the Defendant on May 21, 2012.

B. At the time of concluding a lease, the Plaintiff provided and accepted premium of KRW 20 million for all of the equipment, such as cooling equipment, which was kept in the store, to D before the lease.

C. The Plaintiff and the Defendant agreed on May 21, 2014, after the term of lease has been renewed, and the Plaintiff sought new lessee and demanded the Defendant’s mother F (the person who managed the lease on behalf of the Defendant) to enter into a new lease agreement. However, F refused to enter into a new lease agreement with the Plaintiff on the grounds that the Plaintiff would be reconstructed on or around March 2015, and the Plaintiff moved out from the store on December 12, 2014.

The defendant did not reconstructed around March 2015, and entered into a new lease contract with the above store.

2. Determination on the cause of the claim

A. The summary of the Plaintiff’s assertion was that the Defendant refused to enter into a lease agreement with a new lessee unfairly introduced by the Plaintiff, and the Plaintiff lost the right to receive KRW 25 million for the premium by transferring the store’s sales right, such as fixtures, to a subsequent lessee.

Therefore, the Defendant sought payment of KRW 25 million for premiums that the Plaintiff could have received, ② KRW 5 million for damages incurred during the period during which the Plaintiff could not operate his business due to the sewage station generated at the store during the business period, ③ KRW 1 million for consolation materials.

B. (i) Claim for premium;

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