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Reasons
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(영문) 서울서부지방법원 2016.06.01 2015가합34383
손해배상(기)
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1. The Defendant paid KRW 66,341,237 to the Plaintiff KRW 5% per annum from April 23, 2015 to June 1, 2016.

Reasons

1. Facts of recognition;

A. The relationship between the parties and the Plaintiff is a company running food business (mutual name C) and the Defendant is the owner of the five-story building on the ground of Yongsan-gu Seoul Metropolitan Government D (hereinafter “instant building”).

Of the instant buildings, the size of the building on the current floor of the first, second, and third underground floors (hereinafter “instant stores”) is about 185 square meters, or about 65 square meters in the extension without the permission of the competent administrative agency.

B. On August 19, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the contract area of 185 square meters, lease deposit of 30 million won, 20 million won per month (excluding value-added tax), and the period from August 20, 2013 to August 19, 2018 with respect to the instant store (hereinafter “instant lease agreement”), and the management expenses are determined as KRW 1850,00 per month based on the contract area (=185 square meters x 10,00 per square day) and from August 20, 2013.

9. up to 30. A special agreement which considers up to 30. The rent for the period shall be exempted by the following:

8. 26. The above lease deposit was paid to the Defendant, and the store was delivered at that time.

C. On September 1, 2013, the Plaintiff entered into a license agreement with E on the instant store. Prior to that, the Plaintiff was actually measured on the instant store, and the price was set at KRW 71.5 million based on the written estimate drawn up as a result of the actual measurement, based on approximately 265 square meters in total floor area.

On December 24, 2013, the Plaintiff opened a restaurant “C” at the instant store on December 24, 2013, and for about 11 months from October 4 to August 6, 2014, the Plaintiff paid 24,035,00 won each time to the Defendant for rent and management expenses each time under the pretext of rent and management expenses each time from October 6, 201 to August 6, 2014.

Accordingly, the defendant did not pay the rent to the plaintiff on October 23, 2014.

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