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Reasons
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(영문) 서울동부지방법원 2017.04.28 2015가단126870
손해배상(기)
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1. The Defendant’s KRW 31,975,00 and the following day for the Plaintiff’s KRW 5% per annum from November 12, 2015 to April 28, 2017.

Reasons

1. Basic facts

A. On July 28, 2010, the Plaintiff leased the said store by setting the lease deposit amount of KRW 50 million, monthly rent of KRW 2.2 million, and the lease term of the previous lessee’s remaining lease term from August 17, 2010 to October 31 of the same year, which succeeded to the previous lessee’s remaining lease term.

B. On the same day, “F representative G” entered into a contract with the former lessee E to transfer all the facilities and businesses related to the instant store in KRW 26 million, and the Plaintiff registered its business with the trade name “F” on August 26, 2010 and operated the instant store with the task at the instant store.

C. On July 6, 2012, the Plaintiff concluded a renewal contract with the Defendant who purchased the instant store on October 31, 2012 due to the expiration of the said lease period. The lease deposit was set at KRW 50 million, monthly rent of KRW 2.5 million, and the lease deposit was set at KRW 12 months until October 31, 2013. On October 2, 2013, when the said lease period expires, the lease contract was concluded again with the Defendant and the lease deposit amount of KRW 10 million, monthly rent of KRW 2.5 million, and the lease period from November 1, 2013 to October 31, 2015.

On January 2014, the Plaintiff entered into a lease agreement with respect to No. 145, such as H, around February 14, 2014, setting lease deposit amounting to KRW 40 million, monthly renting KRW 2.5 million, and the lease term from February 15, 2014 to February 14, 2016.

E. On May 21, 2015, the Plaintiff agreed to transfer the right to the instant store with I and the instant store No. 145, and entered into a contract for the transfer of rights, which sets forth the premium as KRW 62.5 million (hereinafter “the instant premium contract”), and agreed to enter into a lease agreement with the lessor on the instant store, etc. on June 2015.

F. On June 2015, the Plaintiff arranged the Defendant to enter into a lease agreement with I on the instant store, but the Defendant.

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