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1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the Plaintiff (Counterclaim Defendant) who falls under the following amount ordered to pay.
Reasons
1. The first instance court, within the scope of the judgment of this court, dismissed both the Plaintiff’s principal claim and the Defendants’ counterclaim, and only the Plaintiff appealed against the dismissal part of the principal claim. Thus, the subject of the judgment of this court is limited to the Plaintiff’s principal claim.
2. Basic facts
A. On January 21, 2010, the Plaintiff entered into a lease contract with D and D as between 105.8 square meters for general restaurants of 105.8 square meters (10 square meters in the certificate lease contract No. 1; hereinafter “instant store”) among real estate listed in the attached Table, with respect to the lease deposit amount of KRW 20,000,000, monthly rent of KRW 1,400,000, and the term of lease from February 1, 2010 to January 31, 2013 (hereinafter “the first lease contract”).
B. On the same day, the Plaintiff entered into a contract with E (F) who operated the restaurant in the instant store for the rights and facilities of the store in this case, and paid 120,000,000 won to E as premium under the said contract.
C. At the time when the Plaintiff entered into an initial lease agreement, the instant store was jointly owned by E and G, and its owner was successively changed to D on January 25, 2010, H, I, and H on December 27, 201, J on June 20, 2013, and Defendants (Defendant B2/3 shares, Defendant C1/3 shares) on June 10, 2014.
On January 29, 2015, the Plaintiff entered into a lease agreement with the Defendants (hereinafter referred to as “instant lease agreement”) with the term of 20,000,000 won for the instant store, monthly rent of 1,90,000 won, and the term of lease from February 1, 2015 to January 31, 2016.
E. On June 22, 2015, the Plaintiff requested K, a real estate broker, to seek the lessee to acquire the instant store in KRW 80,000,000 for premium, KRW 20,000 for premium, KRW 20,000 for premium, and KRW 1,90,000 for monthly rent.
F. (1) The Defendant C terminated the instant lease agreement with the Plaintiff around September 16, 2015, and the lease agreement is concluded.