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(영문) 서울동부지방법원 2017.05.24 2015가단136921
손해배상(기)
Text

1. The Defendant: (a) KRW 23,200,000 for the Plaintiff and 5% per annum from January 19, 2017 to May 24, 2017.

Reasons

1. Basic facts

A. On October 4, 2010, the Plaintiff: (a) leased the first floor of the building Songpa-gu Seoul Metropolitan Government Ground C (hereinafter “instant store”) from the Defendant to KRW 11,000,000, monthly rent of KRW 935,000; and (b) concluded a lease contract on the instant store and a contract on the acquisition and transfer of the right (facilities) to acquire the instant coffee store business with E (hereinafter “D”) operating the instant coffee specialty store (hereinafter “instant coffee specialty store”); and (c) thereafter, paid the premium to E around that time, and received the delivery of the instant store.

B. After that, the Plaintiff entered into a lease renewal contract with the Defendant on a one-year basis with respect to the instant store, and entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on October 18, 2014 by setting the lease deposit amount of KRW 16,104,00,00 for the instant store, monthly rent of KRW 1,368,895 for the instant store, and the term of lease from November 27, 2014 to November 26, 2015 for the instant store (hereinafter “instant lease agreement”).

C. On August 2015, the Plaintiff entered into a premium agreement with F to transfer the right to the instant store and the instant coffee specialty business at KRW 75,000,000,000 for premium, and arranged F to the Defendant as a new lessee, however, unlike the Defendant had increased the amount of the lease deposit by approximately 150% each year, the Plaintiff entered into a lease agreement with F as a deposit for lease, and accordingly, the said premium agreement was rescinded between the Plaintiff and F.

Afterward, the Plaintiff and the Defendant obtained prior opinion from the F around September 2015, as well as the amount of the lease deposit for the instant store between F and F around September 2015. 40,000.

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