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1. Defendant (Counterclaim Plaintiff) B: (a) KRW 15,500,000 against the Plaintiff (Counterclaim Defendant) and its related amount from September 11, 2018 to September 25, 2019.
Reasons
1. Basic facts
A. On January 19, 2017, the Plaintiff entered into a lease agreement with Defendant C (Defendant B’s referring to the building of this case) on the condition that the first floor of the second floor of the building of this case, such as Gangnam-si D (hereinafter “instant building”) shall be set at KRW 20,000,000 for five years from the date of concluding the lease term, and the lease agreement was concluded between the Plaintiff and Defendant C (Defendant B’s her her her her her her her her her her her her her her her her her her her her her
(hereinafter “instant lease agreement”). B.
The Plaintiff operated a singing room inside the instant building by singing out the instant building. On September 2018, the Plaintiff transferred the instant building to the Defendants.
C. Defendant C and wife E reside on the second floor of the instant building.
[Ground of recognition] Unsatisfy, entry of Gap evidence No. 1, purport of whole pleadings
2. Judgment on the principal lawsuit
A. The Plaintiff’s assertion (i) the Plaintiff’s assertion (i.e., (i) neglected the Plaintiff’s legal obligation to allow the use of and benefit from the said object under the original lease agreement, thereby failing to perform his/her obligation as a lessor; and (ii) Defendant C further committed tort that interferes with the Plaintiff’s business, such as searching for the Plaintiff at hand and driving away customers, and harming his/her employees, by taking advantage of and making profits from the instant building for singing, according to the original lease agreement.
In the event of the termination of the instant lease agreement due to the said nonperformance or tort by the Defendants, the Plaintiff suffered damages equivalent to KRW 60,000,000,000, which was paid depreciation due to the lapse of one year out of the facility cost of KRW 80,000,000
Therefore, the defendants are liable for the above damages.
② As the instant lease contract is terminated, Defendant B is KRW 20,000,000.