(영문) 제주지방법원 2018.06.27 2017나13519

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(영문) 제주지방법원 2018.06.27 2017나13519

손해배상(기)

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1. The judgment of the first instance, including the Plaintiff’s claim extended by this court, shall be modified as follows.

The defendant.

Reasons

1. Basic facts

A. On November 21, 2013, the Plaintiff leased, from the Defendant, a store listed in the separate sheet (hereinafter “instant store”) from the Defendant, each of the lease deposit amounting to KRW 5 million, annual rent of KRW 13 million, and the contract period from December 5, 2013 to December 4, 2014, respectively.

(hereinafter “instant lease agreement”). B.

According to the instant lease agreement, the Plaintiff had been operating the title “F” with the instant store after completing interior works (hereinafter “instant business”). On December 4, 2014, the Plaintiff and the Defendant have renewed the first contract for a term of one year between the term of validity and the second contract again on December 2015.

C. On July 2016, when the lease term under the above second renewal contract expires, the Plaintiff obtained the Defendant’s consent by fing to the Defendant that “a new lessee is arranged and a new lessee is entitled to receive premium from the new lessee for the general restaurant business right of the instant store.” On July 18, 2016, the Plaintiff agreed to transfer the Plaintiff’s instant business right to KRW 54 million to C.

After that, the Plaintiff was acting with C, and discussed the issue of concluding the instant lease agreement with the Defendant, and due to differences in opinions between the Defendant and C, a new lease agreement was not concluded between the Defendant and C. Accordingly, the instant contract for the transfer of goodwill was also rescinded.

E. Since November 1, 2016, the Plaintiff newly agreed to transfer the instant goodwill to D with the premium of KRW 40 million. However, the lease agreement was not concluded even between D and the Defendant, and accordingly, the instant agreement on the transfer of goodwill between D and D was also rescinded.

F. The Plaintiff discontinued the instant business around December 4, 2016 when the instant lease agreement expires.

[Ground of recognition] Unsatisfy, A(1) through (3)

유사 판례

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-서울남부지방법원 2015.03.19 2014나11920

-서울남부지방법원 2015.05.08 2014가합5235