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(영문) 대구지방법원김천지원 2020.01.08 2019가단32602
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 5,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from October 23, 2019 to January 8, 2020.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. The following facts do not conflict between the parties, or are admitted in full view of the purport of the entire pleadings as to Gap evidence Nos. 1, 2, 3, 4 and Eul evidence No. 5:

On January 29, 2019, the Plaintiff entered into a lease agreement with the Defendant to lease (hereinafter “instant lease agreement”) by setting the lease deposit amount of KRW 20,000,000,00 for the third floor D units and E units of the Gu-U.S. C building (hereinafter “instant building”) from April 30, 2019 to April 29, 202 (hereinafter “instant lease agreement”).

B. The Plaintiff paid KRW 10,00,000 as down payment with respect to the instant lease agreement. The Plaintiff and the Defendant agreed to actively cooperate with the lessor (the Defendant) when changing the purpose of the use of the building is necessary due to the special terms and conditions on the said lease agreement, and to bear all expenses, such as the charge of the person causing sewage and wastewater arising from the business authorization permission, etc.

C. On April 19, 2019, the Plaintiff requested the Defendant to change the purpose of the instant building E as “business providing Internet computer game facilities,” and around April 19, 2019, the Plaintiff sent to the Defendant a certificate of content that “In the event the instant building is not operated as LbC, unless its use is changed to a general restaurant, the Plaintiff would take measures so that it can be used as LbC, such as changing the purpose of use of the building, so that it would take possible legal measures if it is not carried out by the State and the next State.”

On April 26, 2019, the Defendant delegated a certified architect with the affairs to change the use of the instant building to a general restaurant, and sent a certificate of content that the Defendant submitted an application for permission to change the use of the instant building to the former viewing.

(e) On May 7, 2019, pursuant to notice of acceptance of a report of change of use of a building on May 8, 2019, subparagraph E of the instant building.

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