logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.12.22 2016가합563678
손해배상(기)
Text

1. As to the Plaintiff KRW 385,00,000 and KRW 70,000 among them, the Defendant shall pay to the Plaintiff KRW 130,00,000 from September 29, 2016, and KRW 130,00,100.

Reasons

1. Basic facts

A. On October 6, 2014, the Plaintiff operated a pharmacy by setting the lease deposit amount of KRW 400 million and the lease term from November 1, 2014 to October 31, 2016 each of the buildings listed in the separate sheet of real estate (hereinafter “instant building”) owned by the Defendant as indicated in the separate sheet of real estate owned by the Defendant (hereinafter “instant building”) by setting the lease deposit amount of KRW 105,000,000,000 (hereinafter “instant lease”). The Defendant operated the mountain father and the hospital in the said building.

B. On May 4, 2016, C representing the Defendant notified the Plaintiff that “The instant lease agreement is terminated on October 31, 2016, which is the expiration date of the agreed lease term, and it does not recognize any premium as a whole.”

C. On June 13, 2016, D attorneys representing the Plaintiff notified the Defendant of the fact that “by the period of the agreed lease, the Plaintiff would not interfere with the lessee who can recover the premium pursuant to Article 10-4(1) of the Commercial Building Lease Protection Act (hereinafter “Commercial Building Lease Protection Act”).

On June 17, 2016, the Plaintiff entered into a premium agreement with E, which provides that the premium shall be KRW 350 million (excluding value-added tax, KRW 350 million, the intermediate payment of KRW 35 million, the remainder of KRW 280 million, and the value-added tax and KRW 35 million shall be paid on October 30, 2016, between E and E, who tried to operate the pharmacy by newly leasing the instant store, and the Plaintiff entered into a contract with E, which provides that the said contract shall be null and void without compensation (hereinafter referred to as “the instant premium agreement”) and that the Plaintiff would require the Defendant to enter into a new lease agreement through D attorney-at-law on June 27, 2016.

However, the F Lawyer representing the defendant on July 11, 2016, "the selection of a new lessee" is the lessor.

arrow