(영문) 서울동부지방법원 2020.05.20 2018가단132678

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Reasons

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(영문) 서울동부지방법원 2020.05.20 2018가단132678

손해배상(기)

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1. Defendant B’s KRW 90,000,000 as well as 5% per annum from February 1, 2018 to May 20, 2020, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. Defendant B is the nominal owner of the business operating the Songpa-gu Seoul Songpa-gu 100 Scrap driving range (hereinafter “instant driving range”); Defendant C is the husband of Defendant B; and Defendant D is a golf instructor.

B. On January 22, 2018, the Plaintiff introduced the instant practice hall from Defendant D and decided to accept it. On January 22, 2018, the Plaintiff entered into the instant practice hall with Defendant B, with KRW 30 million for lease deposit, KRW 1,800,000 for monthly rent, management fee of KRW 1,000,000 for management fee, contract period from February 1, 2018 to January 31, 2020 for the instant practice hall with KRW 120,000 for premium, and the intermediate payment of KRW 30 million for which the contract was concluded at the time of intermediate payment, KRW 60,000 for intermediate payment, KRW 60,000 for the remainder on January 26, 2018, and agreed to pay KRW 300,000 for the remainder on January 31, 2018 for the remainder to be paid by the date when the lease agreement was concluded (hereinafter “the remainder payment date”).

Article 2 (Duties of Lessees) (1) A lessee shall arrange for a new lessee to a lessor, and shall cooperate so that a contract may be concluded between the lessor and the new lessee.

Article 3 (Relation to Lease Contract) Where a lease contract is not concluded due to a cause not attributable to a lessee and a new lessee, such as a lessor's refusal of the contract, unreasonable alteration of the terms and conditions of lease, damage to the object, etc., this contract shall be null and void, and the lessee shall immediately return the

Article 4 (Cancellation of Contract and Compensation for Damages) (2) Where a lessee or a new lessee fails to perform the terms and conditions of this contract, the other party may give written notice to the person who has failed to perform the contractual obligations, and rescind the contract.

C. Next, the Plaintiff’s total sum of KRW 60 million on January 27, 2018 and KRW 60 million on January 29, 2018 to Defendant B.

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