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(영문) 광주지방법원 2016.09.28 2015가단522052
손해배상(기)
Text

1. The Defendant: (a) KRW 10,00,000 for the Plaintiff and 5% per annum from September 25, 2015 to September 28, 2016.

Reasons

1. Facts of recognition;

A. On November 22, 2014, the Plaintiff entered into a lease agreement with the Defendant as follows.

Lease object: Deposit money of 40,000,000 won for premium of 10,000 won for premium of 40,000 won on the ground of Seo-gu Seoul Building (hereinafter referred to as the "store in this case"): monthly lease period of 3,700,000 won: from November 22, 2014 to November 30, 2016.

B. However, the musical equipment in the instant store had already been put into auction before the conclusion of the said lease contract and D was awarded a successful bid. After the conclusion of the said lease contract, the successful bidder filed an application for compulsory execution of delivery of movable property pursuant to the executory judgment (decision) No. 2015da6420, and the compulsory execution was completed on July 24, 2015 by the enforcement officer.

C. The Plaintiff demanded the Defendant to resolve the compulsory execution on several occasions before the end of the compulsory execution, but the compulsory execution against all of the singing equipment was carried out, which led to the failure to carry on the singing equipment any longer, and the Plaintiff sent a certificate of content that the lease contract is terminated to the Defendant on July 28, 2015, and the above content certification reaches the Defendant.

[Reasons for Recognition] Facts without dispute, Gap 1-7 evidence, the purport of the whole pleadings

2. Assertion and determination

A. The Plaintiff asserted that the Plaintiff was liable for the Defendant’s compensation for KRW 10,00,00 for premium under the lease agreement, KRW 6,382,00 for singing room costs incurred by the Plaintiff during the lease agreement period, and KRW 7,00,00 for a month until the commencement of business at other places after the termination of the lease agreement.

B. (1) Determination of the premium portion: In full view of the purport of the entire pleadings in the statement No. 4-1 and No. 2, the instant lease agreement was made on the premise that the instant store is equipped with a whole singing facility.

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