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(영문) 서울중앙지방법원 2020.07.09 2019가단5067988
손해배상(기)
Text

1. The plaintiff (Counterclaim defendant) shall pay 17,427,30 won to the defendant (Counterclaim plaintiff) and shall pay 17,427,330 won from April 23, 2020 to July 9, 2020.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On December 23, 2011, Nonparty C Co., Ltd. (hereinafter “C”) leased land, its ground buildings, and appurtenant facilities (hereinafter “instant real estate”) located in Ulsan-gu, Ulsan-si, Ulsan-si (hereinafter “C”) to the Defendant.

B. On March 3, 2017, Nonparty E and F succeeded to the above lease agreement while purchasing the instant real estate from C. On May 18, 2017, Nonparty E and F entered into a lease agreement with the Defendant, setting the lease period for the instant real estate by November 17, 2018.

After the defendant's request, the term of the above lease was extended to December 31, 2018.

C. On January 4, 2012, the Defendant subleted part of the second floor of the ground building (hereinafter “instant commercial building”) among the instant real estate to Nonparty G, and subsequently, the Plaintiff decided to succeed to the former lessee status of the said G, and the Defendant, on September 10, 2013, set the instant commercial building to the Plaintiff as of December 31, 2013 and sub-lease the instant commercial building to the Plaintiff as of December 31, 2013.

On January 1, 2014, the Defendant entered into a sublease contract with the Plaintiff on December 31, 2016, with respect to the instant commercial building by December 31, 2016, under which the sub-lease deposit is KRW 50,000,000 per month, and the sub-lease fee is KRW 3,050,00 per month, management expenses (excluding value-added tax), monthly, 1,160,000 (excluding value-added tax), electricity charges, urban gas charges, and the demand for actual expenses. On January 1, 2017, the Defendant changed the sub-lease contract into KRW 3,100,00 (excluding value-added tax) by December 31, 2017.

E. Although the sublease contract between the Plaintiff and the Defendant terminated after December 31, 2017, the Plaintiff continues to engage in restaurant business in the instant commercial building until now.

During the period from January 1, 2018 to December 31, 2018, the power rates of the Plaintiff used in the instant commercial building are KRW 8,945,530, and the urban gas and water rates are KRW 2,249,800.

【Evidence of Evidence No. 1-2, Evidence No. 2, Evidence No. 1-7, Evidence No. 9 through 11, Evidence No. 12-1 through 12, and Evidence No. 13, respectively.

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