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(영문) 서울중앙지방법원 2021.02.05 2019가합536103
손해배상(기)
Text

1. Defendant Limited Company B is 5% per annum from June 20, 2019 to February 5, 2021 to KRW 1,841,095 to the Plaintiff.

Reasons

1. Basic facts

A. On September 7, 2006, the Plaintiff entered into a lease agreement with Defendant C on approximately 66 square meters on the first floor among the buildings listed in the separate sheet (hereinafter “instant building”) (hereinafter “instant store”) (hereinafter “instant building”) and operated a restaurant from around that time by setting the lease agreement between September 16, 2006 and September 15, 2007 by setting the deposit amount of KRW 40 million, monthly rent of KRW 350,000,000, monthly rent of KRW 3500,000,000, and the term of lease from September 16, 2006 to September 15, 2007.

The instant lease agreement has been renewed several times, and the contract term was extended on January 20, 2016, by January 20, 2016, by KRW 40 million, KRW 6970,000 per month, or by January 20, 2016, from January 20, 2016 to January 19, 2017, or by January 19, 2018.

B. The instant building, which performed substantial repair works on the instant building, was used as it was after the approval for use on December 27, 1979 and became old.

Defendant C agreed to repair (repair) the instant building and received consent from the tenant, and from the Plaintiff, Defendant C signed and sealed the Plaintiff’s consent on April 6, 2017.

The cooperation stated in the above written consent (No. 3) shall be as follows:

3. 1) All the equipment within the workplace due to substantial repair of the entire building shall be transferred by no later than April 30, 2017.

In addition, when the large-scale repair work is completed after the removal of the section scheduled to reuse one internal facility, the time of the re-establishment will be the time of the removal.

2) Since all parts, such as strike losses, which may arise from the failure of facilities and equipment in the place of business during the construction period, are the responsibility of the place of business due to the failure of the place of business, it must be transferred within the period.

3) The period of construction shall be maximum.

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