logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 춘천지방법원강릉지원 2019.05.15 2018가단35963
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 28, 2015, the Plaintiff leased from the Defendant the part on the first floor and the part on the second floor (hereinafter “instant store”) of the building located in Gangnam-si, which was located in Seoul, as KRW 24 months during the lease term, KRW 30,000,000 for lease deposit, and KRW 11,000 for monthly rent, and again, leased the lease deposit by setting the lease deposit amount as KRW 180,000 for the lease term on November 7, 2017, and KRW 30,000 for monthly rent as the same and KRW 1.8 million for the lease deposit.

B. The above lease agreement was terminated on November 6, 2018 at the expiration of the period.

[Ground of recognition] Facts without dispute, each entry of Gap 1 through 3 evidence (including paper numbers), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. On October 2, 2018, the Plaintiff asserted that: (a) concluded a premium contract of KRW 60,000 for the premium on the goodwill and facilities of “E” operated in the instant store; (b) however, the Defendant did not think of a new lessee on the ground that the Defendant would be able to move into the instant store; and (c) the Defendant did not think of a new lessee.

As such, the Defendant refused to enter into a lease agreement with a new lessee and obstructed the collection of the premium to the Plaintiff, the Defendant is liable to compensate the Plaintiff for damages equivalent to KRW 60 million for the premium to be received from D.

B. (1) Article 10-4 of the former Commercial Building Lease Protection Act (amended by Act No. 15791, Oct. 16, 2018; hereinafter “Commercial Building Lease Protection Act”) (1) No lessor shall prevent a lessee from receiving premiums from a person who intends to become a new lessee arranged by the lessee under a premium contract by engaging in any of the following acts from three months to the termination of the lease:

Provided, That the same shall not apply where any ground falling under any subparagraph of Article 10 (1) exists.

1. The premium shall be paid to a person arranged by the lessee to become a new lessee;

arrow