(영문) 창원지방법원 2020.05.14 2019나57739

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(영문) 창원지방법원 2020.05.14 2019나57739

손해배상(기)

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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On November 20, 2006, C, the Plaintiff, entered into a lease agreement with the Defendant to lease a building on D ground (hereinafter “instant building”) with the Defendant on the condition that deposit amount of KRW 20 million, monthly rent of KRW 100,000,000, and the lease period of KRW 24 months from November 20, 2006.

B. On November 25, 2015, E, the Plaintiff’s first ancillary, except for the lease period from November 30, 2015 to the lessee of the instant building, E, and the lease period from November 30, 2015 to 24 months.

A lease agreement with the same content was entered into.

C. On September 10, 2017, the Plaintiff: (a) the lessor was the Defendant as to the instant building; (b) the Plaintiff’s third ancillary F as the lessee; and (c) drafted a lease agreement with the Plaintiff as the deposit amount of KRW 5 million; (c) monthly rent of KRW 100,000; and (d) from September 11, 2017 to December 12, 2017.

The Plaintiff, along with G, operated the instant building from November 20, 2006 to September 2018 as “H”.

[Grounds for recognition] The descriptions of Gap evidence Nos. 6 through 8, Eul evidence Nos. 1, 4, and 5 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The Plaintiff’s assertion: (a) as a lessor fails to perform the repair obligation to maintain the building in the state necessary for the use and profit-making of the instant building; (b) caused damages equivalent to the cost of repairing defects to the Plaintiff operating the instant building leased the instant building; and (c) on January 27, 2017, even though the Plaintiff agreed to operate the instant building for five years on January 27, 2017, the Plaintiff demanded that the Plaintiff run the instant building for a five-year period, thereby causing damages equivalent to the construction cost and premium paid by the Plaintiff in trust and for the end of December 2018; and (d) the Defendant is liable to pay the Plaintiff damages for nonperformance or tort, as well as damages for delay.

3. The lease contract submitted by the Plaintiff and the Defendant.

유사 판례

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