beta
Text
1. Of the judgment of the court of first instance, the part concerning the principal action among the claims extended and reduced in the trial is included as follows.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On December 5, 2012, the Plaintiff entered into a lease agreement with Defendant B on a deposit amounting to KRW 20 million, monthly renting KRW 1500,000,000, and the lease period from December 5, 2012 to December 24, 2012 (hereinafter “first lease agreement”), and agreed to extend the lease period on December 5, 2014 to 24 months.
B. On March 7, 2014, the Plaintiff entered into a lease agreement with Defendant C, the ASEAN of Defendant B, with regard to the real estate portion listed in paragraph (2) of the attached Table (hereinafter “the part on the first floor of this case”), setting the deposit amount of KRW 20 million, monthly rent of KRW 20 million, and the lease term of KRW 20 million from March 7, 2014 to 24 months (hereinafter “second lease agreement,” and “each of the instant lease agreements”). On February 25, 2014, the Plaintiff decided to substitute the deposit amount of KRW 20 million, out of KRW 30 million borrowed from Defendant C on February 25, 2014.
C. On August 3, 2016, the Plaintiff entered into this Agreement with Defendant C within four months with respect to the part on the first floor of this case, and entered into a provisional contract with the term of KRW 2 million, KRW 2 million per month, and KRW 2 million per month from August 3, 2016 to August 2, 2018 (hereinafter “instant provisional contract”). D.
The Defendants, in accordance with each of the instant lease agreements, delivered each of the instant underground and the first floor. Defendant C operated an entertainment tavern with the trade name “D” in the instant underground part, and the trade name “E” in the instant first floor, and suspended the business of the said entertainment tavern and E from March 17, 2017.
E. Meanwhile, on March 15, 2017, the Plaintiff sold the building indicated in the attached list (hereinafter “instant building”) with F and the attached list to KRW 1 billion, but entered into a contract with F to deliver the said building by April 30, 2017, but it was impossible for the Plaintiff to perform the contract.