logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2018.11.28 2018가단111417
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 15% per annum from April 25, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. On May 11, 2016, the Plaintiff entered into a lease agreement with C and Daegu-gu D ground buildings (hereinafter “instant building”) on the part of 99 square meters of the left part of the 1st floor (hereinafter “instant store”) from May 11, 2016 to May 11, 2018, setting the lease deposit amount of KRW 20 million, and KRW 1.2 million from the rent month (hereinafter “instant lease agreement”). On the instant store, the Plaintiff operated the beauty room with the trade name “E”.

B. On February 28, 2017, the Defendant completed the registration of ownership transfer on the instant building on December 30, 2016, based on sale and purchase.

C. On March 28, 2018, the Plaintiff entered into a contract on the transfer and acquisition of the right of lease, facilities and goodwill (hereinafter “instant premium contract”) with F to determine F as KRW 50 million with respect to the instant store and transfer the right of lease, facilities and goodwill (hereinafter “instant premium contract”).

On March 28, 2018, the Defendant notified the Plaintiff of his intention of refusing to renew the instant lease agreement by content-certified mail on the ground that the reconstruction plan exists with respect to the instant building.

E. On April 2, 2018, the Plaintiff sent to the Defendant a content-certified mail demanding the Plaintiff to answer whether to enter into a lease agreement with F in accordance with the premium agreement in this case and whether to pay the premium in the event of refusal.

F. The defendant is the plaintiffMa.

The instant lease agreement was terminated upon expiration of the period of validity, and the Defendant started reconstruction upon delivery of the instant store from the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 4-1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff entered into a premium agreement with F to be a new lessee which sets forth KRW 50 million and notified the Defendant thereof, and the Defendant did not comply with it.

arrow