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(영문) 인천지방법원 2018.04.03 2017가단24198
손해배상
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. The Defendant is an executor who sold the E Commercial Facilities in Yeonsu-gu Incheon Metropolitan City.

B. On November 9, 2012, the Defendant leased No. 234-238 of the said commercial facilities to F (hereinafter “instant commercial facilities”) and the content of the contract is as follows.

Deposit: Amount of KRW 100,000 (excluding value-added tax) from February 10, 2013 to February 9, 2014: KRW 5,700,000 from February 10, 2014 to February 9, 2015; KRW 6,900,000 from February 10, 2015 to February 9, 2015; KRW 10,300,000 from February 10 to September 2016 to July 10, 2016 to July 31, 2016; the term of the lease contract shall be extended after consultation with the lessee on the expiration of the term of the lease contract (the term of the lease contract shall be extended after November 21, 2016).

C. While the F was operating the rash in the instant commercial building, the Defendant: (a) made materials on sales promotion regarding the said commercial building; and (b) opened an advertisement board of the phrase “investment stability, security of fixed rent (at least 5% per annum, and at least 4 years per annum)” in front of the office; and (c) opened the advertisement board.

The details of the materials for promotion of the sale are as follows:

A person shall be appointed.

1. Current status (unit: Won);

2. Any balance that can be changed at a discount rate according to the schedule for the payment of the balance of estimated investments. Any balance may be deposited at least ten days after the contract;

3. The rent subsidies are settled from April 2013, 201, which could be subsidized after full payment of estimated investment return.

4. The amount of support may be changed according to changes in the sales environment, such as an expected sale price, contract schedule, and changes in the payment schedule of balance;

D. On June 14, 2013, the Plaintiff, etc. entered into a contract with the Defendant to purchase the instant commercial building at KRW 2,760,800,00 (including value-added tax) (hereinafter “instant supply contract”). The main text of the contract includes the following provisions related to the lease of the said commercial building:

Article 2 (Subsidization of Rent) (1) The defendant shall exclude value-added tax at the time of the remainder payment by plaintiffs, etc.

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