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(영문) 청주지방법원충주지원 2015.10.08 2014가단21468
손해배상(기)
Text

1. The defendant shall pay 6,368,000 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. Basic facts

A. On November 2, 2010, the Plaintiff, the Defendant, and the Intervenor: (a) leased the said building to the Defendant; (b) the right to use and profit therefrom entered into a lease agreement with the Defendant (hereinafter “instant lease agreement”); (c) the lease period from November 5, 2010 to November 4, 2012 was set at KRW 80,000; and (d) the leased object was set at KRW 30,000,000 for lease money; and (c) the leased object was set at KRW 158,4 square meters for neighborhood living facilities and warehouses located in Chungcheong City.

B. At the time of the conclusion of the instant lease agreement, the Plaintiff and the Intervenor entered into a side agreement with the Defendant to pay the Plaintiff the facility cost and monthly rent, and the leased object indicated as “C cafeteria, cafeteria, Na, and Da-dong in Chungcheongnam-si,” and the special agreement states as follows: “The facility cost per day shall be paid in lump sum, and the monthly rent shall be paid in KRW 4 million per month.”

(hereinafter “instant side agreement”). C.

On January 3, 2013, the Plaintiff, the Defendant, and the Intervenor entered into a renewed contract to extend the rental period of the instant lease to one year.

On November 4, 2013, the Plaintiff notified the Defendant of his intention not to renew the instant lease agreement, and returned KRW 80,000,000 to the Defendant on a deposit basis under the instant lease agreement.

E. According to the building ledger of the C-ground neighborhood living facilities and warehouse buildings in Chungcheongnam-si, the above buildings are divided into three units: A, B, and multiple units; among them, multiple units are divided into “158.4m2, 158m2, 16.5m2, 16.3m2, and 12.3m2, respectively.”

In the below, the above general restaurant is "the restaurant of this case", the above retail store and the warehouse "the retail store of this case" and the warehouse.

F. The Intervenor joining the Defendant occupied both the instant restaurant, the instant retail store, and the warehouse from November 5, 2010.

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