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Reasons
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(영문) 부산지방법원 2015.08.12 2014가합8069
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. Basic facts

A. The Defendant, from October 1, 2004, is a person who operated the main hotel (hereinafter “instant main hotel”) on the 17,18th floor of D hotel located in Suwon-gu, Busan (hereinafter “instant hotel”), and the Plaintiff entered into a partnership agreement with the Defendant on December 5, 2008 and jointly operated the main hotel.

B. On October 1, 2004, the Defendant entered into a lease agreement with E Co., Ltd. on the lease agreement of the hotel of this case with the content that the hotel of this case is leased at KRW 200 million, KRW 30 million per month of rent, and KRW 30 million from October 1, 2004 to October 31, 2009 (hereinafter “No. 1 lease agreement”). On October 30, 2009, the Defendant entered into a lease agreement with E Co., Ltd. on the lease agreement of the hotel of this case with the content that the hotel of this case is leased (hereinafter “No. 2 lease agreement”). The main content of the lease agreement is as follows.

Article 8 Facility Costs Liability

1. The defendant shall not claim purchase and beneficial expenses to E Co., Ltd. or claim money or claim right of lien to E Co., Ltd. at the expiration or cancellation of the lease period for the facilities of the company established at the defendant's expense

[Provided, That the amount of depreciation is recognized only for some facilities attached to a building] / [The part which was included in the first lease contract but has been deleted in the second lease contract.

2. The facilities referred to in the preceding paragraph shall be restored to the original status at the expense of the defendant immediately after the contract is terminated or cancelled;

C. On October 13, 2008, the Plaintiff agreed to operate the instant main points as a partnership and paid KRW 650 million to the Defendant with the acquisition price of KRW 50 million for the instant main points, and on December 5, 2008, a partnership agreement with the Defendant on the instant main points (hereinafter “instant partnership agreement”).

was drawn up in writing.

At the time, the remaining lease period of the first lease contract is one year.

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