(영문) 서울남부지방법원 2016.11.24 2016가합102451

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(영문) 서울남부지방법원 2016.11.24 2016가합102451

손해배상(기)

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1. The Defendant’s KRW 32,057,913 as well as the Plaintiff’s KRW 6% per annum from May 1, 2015 to November 24, 2016, and the following.

Reasons

1. Basic facts

A. On August 20, 1996, the Plaintiff entered into a lease agreement with the Defendant on the Guro-gu Seoul Building (hereinafter “instant building”) (hereinafter “the instant lease agreement”) and renewed the said lease agreement. On February 1, 201, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease agreement as KRW 1,50,000,000, monthly rent, KRW 53,000,000, and the lease period from February 1, 201 to January 31, 2016 (hereinafter “instant lease agreement”).

Article 5 (Plaintiffs, hereinafter the same shall apply) and B (Defendants, hereinafter the same shall apply) shall notify the other party of the intention to terminate the contract one month prior to the end of the period, and the building of this case shall be ordered at its own expense at the same time as the period expires, and the above expenses shall not be claimed against A.

Article 6 Costs needed for the use of water, gas, electricity, telephone, and other things shall be borne by them.

Special Agreement Provisions

1. Upon receipt of an application for cancellation of B, A shall refund the balance after deducting 20 percent of the deposit;

2. B shall restore the instant building to its original condition after the completion of the contract.

3.Where Eul is not restored, it shall be permitted for A to restore to its original state, and the cost shall be paid to B.

B. The instant lease agreement includes the following:

C. The Defendant operated the wedding hall in the name of “D” (hereinafter “instant wedding hall”) in the instant building, and terminated the business on April 30, 2015, and delivered the said building to E as a new lessee. The Plaintiff returned the above lease deposit to the Defendant at that time, and thereafter, E operates another wedding hall in the said building.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The summary of the Plaintiff’s claim is KRW 350,000,000 incurred in restoring the building of this case to the Plaintiff and the instant lease agreement.

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