logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2015.12.23 2015가합1461
손해배상
Text

1. The plaintiff's claim of this case is dismissed.

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

Reasons

1. Basic facts

A. On February 8, 2014, the Plaintiff entered into a contract for acquisition and transfer of rights (hereinafter “instant contract for acquisition and transfer of rights”) with C, a lessee of the first floor coffee shop (90 square meters; hereinafter “instant coffee shop”) and paid KRW 120 million in total, including KRW 30 million on the same day, and KRW 90 million on February 20, 2014.

B. On February 20, 2014, the Plaintiff entered into a lease agreement with the Defendant, the owner of the 3/4 share of the instant hotel, on the condition that the instant coffee shop is to be leased with the term from March 1, 2014 to February 28, 2019 (hereinafter “instant lease agreement”). The instant lease agreement may be earlier cancelled when the Plaintiff violated this agreement even before the expiration of the lease term, or the Defendant’s inevitable circumstances exist (transfer, etc. of ownership). At the time of the sale of the hotel, the Defendant would compensate the Plaintiff for the removal compensation within the limit of KRW 100,000,000 per annum, and the Plaintiff may not claim for the removal compensation of the interior expenses, etc.

On February 25, 2014, the Plaintiff paid a deposit of KRW 600 million to the Defendant.

C. On February 20, 2014, the Plaintiff awarded to the Design Korea Co., Ltd. (hereinafter “Design Korea”) the instant coffee shop’s interior work amounting to KRW 294,453,390 (hereinafter “instant interior work”). The design Korea completed interior work on March 1, 2014, and the design Korea paid KRW 294,453,390 to the design Korea by April 1, 2014.

The Plaintiff is the Plaintiff.

arrow