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(영문) 제주지방법원 2018.09.17 2017가단52179
손해배상(기)
Text

1. The Defendant’s KRW 22,200,000 as well as the Plaintiff’s annual rate of 5% from March 14, 2017 to September 17, 2018.

Reasons

1. Basic facts

A. On March 4, 2010, the Plaintiff (Lessee) entered into a contract to lease the 45 square meters of the first floor of the third floor of the building located in Jeju-si (Gu address: Jeju-si D) and operated the “E frequency collection” (hereinafter “instant commercial building”). The contract was automatically renewed and renewed on March 4, 2013, and the amount of KRW 10,000,000 for deposit KRW 10,000 for rent and KRW 11,000 for rent was renewed on March 4, 2016. On March 4, 2016, the rent was increased to KRW 10,000 for deposit and KRW 14,000 for rent (annual rent).

(hereinafter “instant lease agreement”). B.

On December 24, 2016, the Plaintiff entered into a premium contract with F of the new lessee seeking to operate the instant commercial building to receive KRW 40 million as the premium for the instant commercial building. On January 2, 2017, the Plaintiff sent a certificate of content and requested the Defendant to enter into a lease contract with the new lessee.

However, the defendant did not have any answer, and the plaintiff sent the certificate of content to the defendant on January 9, 2017 and again requested the plaintiff to conclude a lease contract with a new lessee who newly sought a contract.

C. On January 13, 2017, the Plaintiff entered into a premium agreement with the new lessee G seeking to operate the business of “high organization” in the instant commercial building to receive KRW 43 million as the premium for the instant commercial building, and requested the Defendant to enter into a lease agreement with the said new lessee by telephone.

On January 19, 2017, the Defendant is using the 3rd floor of the instant commercial building as a residential facility. The instant commercial building has no intention to enter into a lease contract for the purpose of causing inconvenience to the residential life due to the lack of ventilation facilities, such as dins with fire and straws, etc. due to the lack of ventilation facilities, but it is a new lessee, including the same type of business as the lessee, which does not cause hindrance to the residential life.

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