(영문) 대구지방법원 2015.08.12 2015가단20961

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(영문) 대구지방법원 2015.08.12 2015가단20961

손해배상(기)

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1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On March 27, 2015, the Plaintiff entered into a lease agreement with the Defendant on approximately 30 square meters (or KRW 40,000,00,000,000,000, monthly rent, and three-year contract periods (hereinafter “instant lease agreement”) with respect to the part of approximately 30,000 stores of the first floor of the building in Daegu North-gu, Seoul (hereinafter “instant building”) owned by the Defendant (hereinafter “instant building”).

B. The Plaintiff paid the Defendant the down payment of KRW 10 million on the same day.

[Reasons for Recognition] Unsatisfy, Partial entry of Evidence A No. 1, and the purport of the whole pleadings

2. The Plaintiff entered into the instant lease agreement with the Defendant, including the part on the first floor of the instant building, on April 2, 2015, on which the Defendant entered into the lease agreement, and on April 2, 2015, the part on the first floor below the ground that the instant lease agreement cannot be leased. As such, the Plaintiff sought compensation for damages against the Defendant, namely, payment of penalty of KRW 10 million due to the rescission of the contract, KRW 24 million due to the Plaintiff’s order for the production of the display site, and KRW 3 million.

However, comprehensively taking account of the overall purport of the pleadings in the statement No. 1 (including additional numbers), the Plaintiff and the Defendant received 4,500,000 won, including the cost of removal of stores, the cost of internal repairs, the cost of filing an application for public health clinic and the cost of filing a complaint with the court in relation to the instant lease agreement, and agreed to the purport that the Plaintiff shall not withdraw civil and criminal litigation and shall not be held liable, and the Plaintiff received the down payment of KRW 10,000 and KRW 4,50,000 from the Defendant.

According to this, it is deemed that there was an agreement between the plaintiff and the defendant to file a lawsuit seeking damages under the lease agreement of this case.

The plaintiff is equivalent to the cost of removal of goods installed in the building of this case by the plaintiff in the above 4.5 million won.

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