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(영문) 의정부지방법원 2020.12.10 2019가합60011
손해배상(기)
Text

The defendant's KRW 103,295,000 for the plaintiff and the following shall be 5% per annum from November 23, 2019 to December 10, 2020 for the plaintiff.

Reasons

1. Facts of recognition;

A. On September 17, 2014, the Plaintiff entered into a lease agreement with the Defendant on the leased part of the first floor, the entire underground floor, and the rooftop (hereinafter “lease part”) among the second floor above 504m2 and D large 108m2 (hereinafter “instant building”) on a building owned by the Defendant (hereinafter “instant building”), which is owned by the Defendant, and operated the restaurant with the trade name (hereinafter “E”).

B. Around that time, the Plaintiff directly paid KRW 100 million to F, etc., who was the former lessee upon consultation with the Defendant, and separately paid KRW 300 million to F, etc., for the price of the house and facilities of the instant restaurant (the amount under the comprehensive acquisition agreement entered into by the Plaintiff and F, etc., but the amount of KRW 330 million, which was KRW 330 million, or KRW 300 million, out of the above KRW 330 million, was to be taken over by the Plaintiff as the unpaid obligation to the customer of the instant restaurant), and each of the above amounts was invested by G, which is the seat of the Plaintiff.

C. On July 22, 2016 and September 7, 2017, the Defendant concluded a lease agreement with the same content as the lease agreement on September 17, 2014, except for the lease term and the monthly rent. The part related to the instant lease agreement related to September 7, 2017 (hereinafter “instant lease agreement”) is as follows.

Article 2 of the KRW 100 million deposit for a real estate lease contract [Duration] The defendant shall deliver the leased part to the plaintiff by September 7, 2017, while the leased part can be used for the purpose of the lease, and the lease period shall be from the delivery date to September 7, 2019.

(A) A special agreement: (In the middle of the year 1998, the deposit will succeed from the former lessee F to the present lessee on September 17, 2014.

It should not be recognized as a whole, such as construction, extension, interior, repair, premium, etc.

Meanwhile, G has been employed as an employee in the instant restaurant since September 2018.

The plaintiff on 2019.

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