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(영문) 의정부지방법원 2021.03.25 2020가단112263
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On July 19, 2017, a lease agreement was concluded with the Defendants as the lessor and the lessee for the lease deposit amounting to KRW 10,00,000, monthly 80,000, and the duration period from August 1, 2017 to July 31, 2018, with respect to the part on the right-hand side of the first floor of the E-ground building (a size of approximately 47 square meters; hereinafter “the instant store”).

B. As a renewal contract under the above lease contract, around July 27, 2018, a lease contract was concluded between the parties to the instant store with the amount of KRW 10,00,000 per annum, KRW 840,00 per month, and the duration from August 1, 2018 to July 31, 2019 (hereinafter “instant lease contract”).

[Reasons for Recognition] The Evidence Nos. 1 and 2

2. Summary of the plaintiff's assertion

A. F is the Plaintiff, and the Plaintiff, under the name of F, operated a business as “G” by leasing the instant store in the name of F, or by transferring all business, including the right of lease, from F.

B. On May 15, 2019, the Plaintiff entered into a contract for the transfer of the right to lease and the right to operate a store with H around KRW 30,000,000 in order to transfer the right to operate the store of this case. However, when the Defendants entered into a contract with a new lessee, the Plaintiff would increase the amount to KRW 1,00,000 per month.

The transfer acquisition contract was finally rescinded upon demanding unreasonable conditions such as the transfer transfer contract.

Since the Defendants interfered with the Plaintiff’s opportunity to recover the premium, the Defendants could have received the Plaintiff if the said transfer contract was performed.

30,000,000 won shall be paid as compensation for damages.

(c)

In light of the amount of water used by the Plaintiff at the instant store from November 2018 to September 2019, the water rate for the pertinent period during which the Plaintiff is liable to pay is KRW 121,580,00, and the Defendants received 216,610 in excess from the Plaintiff and received 95,230 won, which is the difference, from the Plaintiff.

The defendants shall pay the above money.

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