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(영문) 광주지방법원 2020.05.29 2019가단504526
손해배상(기)
Text

1. The Defendant’s KRW 1,800,000 as well as 5% per annum from January 14, 2019 to May 29, 2020 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 25, 2014, the Plaintiff entered into a lease agreement with the Defendant, the owner of the building listed in the separate sheet (hereinafter “instant commercial building”), under which the Plaintiff agreed to lease the building by setting the lease deposit of KRW 50,000,000, monthly rent of KRW 180,000,000, and the lease term of KRW 15,80,000 (hereinafter “instant lease agreement”) from February 25, 2014 to January 13, 2018 (hereinafter “instant lease agreement”). Around that time, the Plaintiff started to operate the “C Mart store” after delivering the instant commercial building from the Defendant.

B. From February 2015, the Plaintiff paid KRW 1,950,000 as the difference in the instant commercial building after consultation with the Defendant. From July 2017, the Plaintiff paid KRW 2,145,00, including the surtax.

Meanwhile, the term of the instant lease agreement was extended on January 13, 2019 by agreement between the Plaintiff and the Defendant.

C. On November 7, 2018, the Defendant sent to the Plaintiff a certificate of content that seeks the delivery of the instant commercial building on the ground that the instant lease agreement was terminated on January 13, 2019.

On November 17, 2018, the Plaintiff concluded a premium contract of KRW 60,000,000 with D in relation to the instant commercial building, which intends to operate a convenience store in the instant commercial building.

(hereinafter referred to as “instant premium contract”). E.

On November 18, 2018, the Plaintiff met with the Defendant and the Defendant’s husband E, and in this place, E expressed the intent of opposing the operation of convenience stores in the instant commercial building, stating that “The instant commercial building has a location as a marina for nine years since it has been operated for a marina for nine years, and it is also impossible to change the purpose of use, and it should not be used as a convenience store.”

F. On January 9, 2019, the Plaintiff sent to the Defendant a certificate of content that the Plaintiff would claim damages for interference with the opportunity to recover premiums.

G. On January 13, 2019, the Plaintiff delivered the instant commercial building to the Defendant, and the Defendant is at KRW 50,000,000, the construction cost, and the temporary installation cost.

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