(영문) 대구지방법원 2016.11.16 2016나307246

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(영문) 대구지방법원 2016.11.16 2016나307246

손해배상(기)

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On January 6, 2006, the Plaintiff entered into a lease agreement with the Defendant on the terms of the lease deposit amounting to KRW 50 million, monthly rent of KRW 2 million (hereinafter “instant lease agreement”) with respect to the first floor, 2, and 2, the second floor (hereinafter “instant store”). From that time, the Plaintiff registered the instant store with the trade name “D” and operated the new sales business.

B. The instant lease agreement continues to be renewed, but it was renewed by setting the period of lease of KRW 2.7 million on January 1, 2015 and the period of lease from January 1, 2015 to December 31, 2016.

C. On April 9, 2015, the Plaintiff decided to terminate the instant lease agreement with a business depression, and requested E, a licensed real estate agent, to seek a rent of KRW 80 million for the instant store. Accordingly, between F and F introduced by E around May 29, 2015, the Plaintiff decided to pay the Plaintiff the premium and lease the instant store.

Since June 15, 2015, the Defendant entered into a lease agreement with F to the term of KRW 50 million, monthly rent of KRW 2.7 million, and the term of lease from June 25, 2015 to June 24, 2017 with respect to the instant store.

E. On June 21, 2015, the Plaintiff entered into a contract on the transfer of commercial facilities with the FG, stating that “a lessee shall receive KRW 10 million on the basis of the user’s speech to receive the premium,” while transferring facilities, such as air conditioners and air conditioners, to KRW 10 million with respect to the instant store.” On the same day, the Plaintiff transferred the instant store to F on the same day.

[Basis] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1, Eul evidence 1, 2, and 3 (including branch numbers), each of the images, witness E in the first instance trial, witness in G, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion is that G or F is a new lessee of the instant store.

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