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Reasons
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(영문) 대구지방법원 2021.03.19 2019가단114505
손해배상(기)
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1. The Defendant’s KRW 30,918,70 for the Plaintiff and KRW 5% per annum from June 19, 2020 to March 19, 2021.

Reasons

1. Chief;

A. The Plaintiff’s assertion 1) The Plaintiff and the Defendant, such as the Plaintiff’s status as the parties, etc., are 46 square meters of the first floor among the Daegu-gu Building on January 29, 2016 (hereinafter “instant store”).

The Plaintiff entered into a lease agreement with the lessor, and the Defendant is the lessee.

2) On September 23, 2013, Nonparty D entered into a lease agreement with Nonparty E and the instant store with a deposit of 50,00,000, monthly rent of 1,500,000, and the term of lease from September 30, 2013 to October 31, 2015. On May 19, 2015, Nonparty D entered into the said lease agreement with the said E, and operated an cosmetic room at the instant store after the Plaintiff entered into the said lease agreement with the said E, and the said lease was explicitly renewed after October 31, 2015.

B) On January 29, 2016, the Defendant succeeded to the lessor’s status of the instant store by acquiring the ownership of the building in which the instant store was included from the said E. On the said date, the Plaintiff and the Defendant concluded a new lease agreement (hereinafter “instant lease agreement”) with the period from January 29, 2016 to January 29, 2018, which stipulated the lease deposit of KRW 50,000,000, monthly rent of KRW 1,980,000, monthly rent of KRW 1,980,000, and the lease period of KRW 1,980,000 as of the said date.

In addition, the instant lease agreement continued until January 28, 2019.

3) On September 3, 2013, before entering into a lease agreement with the above E and the instant store, the said D entered into a transfer agreement with the non-party G on the facilities and rights of the instant store, and paid KRW 40,000,000 as the price, and paid KRW 80,000 to install additional equipment and facilities for the operation of the instant store.

B) On October 2, 2018, the Plaintiff entered into a premium contract with Nonparty H, who wishes to be a new lessee with respect to the instant store, with respect to the facilities and rights of the instant store, which is KRW 50,000,000,000, for the premium contract (hereinafter “the instant premium contract”), and such contract is for the Defendant.

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