logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원속초지원 2019.02.15 2018가단200596
손해배상(기)
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is entitled to KRW 6,827,920 against the Defendant (Counterclaim Plaintiff).

Reasons

1. Basic facts

A. On July 10, 2008, the Plaintiff entered into a lease agreement with the Defendant to lease the building listed in the separate sheet, a commercial building (hereinafter “instant building”) with a deposit of KRW 5 million, KRW 500,000 per month, and KRW 500,000 per month, and five years from the contract date (hereinafter “the instant lease”). Around that time, the Plaintiff was handed over the instant building from the Defendant.

B. The Plaintiff and the Defendant renewed the instant lease agreement on October 4, 2013, and on June 4, 2016, again, the instant lease agreement was renewed, raising the rent to KRW 700,000 per month, and the period was not separately determined.

C. On November 6, 2017, the Plaintiff entered into a premium agreement with C to receive KRW 50 million for premium in relation to the business of “Dcafeteria” in the instant building. D.

On December 6, 2017, the Plaintiff notified the Defendant of the termination of the instant lease agreement, and the instant lease agreement was terminated around March 6, 2018, which was three months thereafter.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 2 and 3 (including provisional number), the purport of the whole pleadings

2. Judgment on the plaintiff's main claim

A. From December 6, 2017, three months before the expiration of the instant lease agreement, the Plaintiff: (a) around December 6, 2017, to March 6, 2018, provided the Defendant with basic information on the fact that the instant lease agreement was concluded with C; and (b) arranged to become a new lessee by providing the Defendant with basic information on C; (c) the Defendant refused to accept the premium from C without justifiable grounds.

Therefore, the Defendant is obligated to pay the Plaintiff the lower amount of KRW 50,000,000 for the premium paid by the Plaintiff from C as compensation for damages incurred therefrom, and KRW 32,030,000 for the premium at the time of termination of the lease of this case, which was appraised as premium at the time of termination of the lease of this case, and the damages for delay.

(b) the relevant statutes;

arrow