(영문) 제주지방법원 2018.02.22 2017가합11892

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(영문) 제주지방법원 2018.02.22 2017가합11892

손해배상청구

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1. The Defendant shall pay to the Plaintiff KRW 9,536,645,160 and the interest rate of KRW 15% per annum from May 16, 2017 to the date of full payment.

Reasons

1. Basic facts

A. Based on Article 15(1) of the Tourism Promotion Act, the Plaintiff is the principal owner and the owner of “D hotel” (hereinafter “D hotel”). Since 192, the Defendant leased a part of the hotel of this case from the Plaintiff and operated the casino at the same time. On June 30, 2014, the Plaintiff entered into a lease agreement with the Plaintiff to set the lease deposit of KRW 1.5 billion, monthly rent of KRW 165 million, and the lease term of KRW 165 million from July 1, 2014 to June 30, 2015 and continued to operate the casino.

B. In early 2014, the Defendant requested the Plaintiff to extend and lease the building to the next hotel capacity of the instant case for the purpose of running a casino additionally. On January 8, 2015, the Plaintiff and the Defendant concluded a business agreement with each other on the following major contents (hereinafter “instant business agreement”).

Article 1 (Purpose) This Agreement aims to provide for all rights and obligations between the plaintiff and the defendant in acquiring the right of lease on the object after the plaintiff extended the incidental facilities in the hotel and completed the building.

Article 2 (Opening of Building) The leased object shall be the buildings and ancillary facilities scheduled to be expanded in connection with the building of the hotel of this case (attached Form 1 and drawings, hereinafter referred to as the "building of this case") and the final permitted area, and the leased area may be partially changed accordingly.

Article 3 (Terms and Conditions of Lease) (1) The Plaintiff and the Defendant finally conclude a lease agreement on the subject matter (hereinafter “instant lease agreement”) by reflecting the terms and conditions of this Agreement one month prior to the approval for use of the building.

(2) The defendant shall make an object in accordance with the terms and conditions of this Agreement.

참조조문

-관광진흥법 제15조 제1항

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