(영문) 인천지방법원 2018.09.13 2016가단56648

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(영문) 인천지방법원 2018.09.13 2016가단56648

손해배상(기)

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1. The Defendant shall pay to the Plaintiff KRW 4,174,820 as well as 5% per annum from December 20, 2015 to September 13, 2018, and the next day.

Reasons

1. Facts of recognition;

A. On November 7, 2011, the Plaintiff entered into a lease agreement with the Defendant on the attached list (hereinafter “instant store”) under which the deposit for lease was KRW 7 million, KRW 650,000 per month, and KRW 650,000 per month, from December 7, 2011 to December 6, 2013. On December 7, 201, the Plaintiff occupied and used the instant store by delivery from the Defendant and operated the “C”.

Since then, the lease contract of this case was renewed once, and the term of lease was extended to December 7, 2015.

B. On the date of conclusion of the instant lease agreement, the Plaintiff entered into a premium contract with D, the former lessee of the instant store, for the entire interior facilities, in the amount of KRW 15 million.

Conciliation Provisions

1. The Plaintiff shall deliver the instant store to the Defendant.

2. In relation to the instant lease agreement, the Defendant and the Plaintiff did not claim against the other party the refund of the lease deposit, the monthly rent (or the return of unjust enrichment equivalent to the monthly rent), management expenses, and public charges.

3. The defendant shall waive the remaining claims.

4. The costs of lawsuit shall be borne by each person;

C. On August 3, 2015, the Defendant filed a lawsuit against the Plaintiff seeking payment of unjust enrichment equivalent to the rent calculated at the rate of KRW 650,000 per month from December 12, 2014 to the day the delivery of the instant store was completed due to the termination of the instant lease agreement as the Suwon District Court Branch Branch 2015Kadan21868, and on January 4, 2016, the following mediation was concluded.

On December 17, 2015, in the process of removing the remaining facilities and goods of the “C” into the instant store, the Defendant had the removal business entity take place on December 18, 2015, and caused the Plaintiff to dispose of the goods (hereinafter “instant goods”) as garbage by December 18, 201 of the same year.

E. The defendant

With regard to the entry of the structure and the damage of property in the port.

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