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(영문) 인천지방법원부천지원 2017.07.20 2016가단119139
손해배상(기)등
Text

1. The Defendant’s KRW 13,486,604 for the Plaintiff and KRW 6% per annum from January 21, 2017 to July 20, 2017.

Reasons

1. Facts of recognition;

A. The Defendant is an owner of 6/10 shares of the 3rd floor building on the land in Bupyeong-si.

On July 27, 2013, the Plaintiff: (a) paid 50,000,000 won for premium to D, which operates the 3th floor of the above building leased from the Defendant, and took over the status of lessee; and (b) operated the Gosiwon (hereinafter “instant Gosiwon”); (c) on January 14, 2014, the Plaintiff concluded a lease agreement with regard to the Defendant and the instant Gosiwon as to KRW 20,000,000 for rent deposit; and (d) monthly rent of KRW 1,80,000 for rent and rent of 30 days each month from January 14, 2014 to January 13, 2016.

B. On January 9, 2016, the Plaintiff and the Defendant increased the lease deposit to KRW 21,00,000, monthly rent to KRW 2,178,000 (including value-added tax), and entered into a contract to extend the lease term to January 13, 2017, and the Plaintiff paid the increased lease deposit.

C. On July 6, 2016, the Plaintiff entered into a contract for transfer and acquisition of the premium amounting to KRW 59,000,000 with respect to E and the instant Notice Board, and requested the Defendant to enter into a lease agreement with E with respect to the instant Notice Board.

However, the defendant refused this request by the plaintiff, and the contract for the transfer and takeover between the plaintiff and E was cancelled on July 25, 2016.

On December 31, 2016, the Plaintiff filed a report on the closure of business with respect to the instant public notice board and collected the office fixtures, etc., and on January 20, 2017, the Plaintiff returned the instant public notice board to the Plaintiff by informing the Plaintiff of the password of the instant public notice board in writing by means of mobile phone text.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Gap evidence No. 10 to 11, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff asserted that the claim for damages was made with E in order to recover the premium for the instant Institute pursuant to Article 10-4 of the Commercial Building Lease Protection Act, and the Defendant entered into a contract for transfer/acquisition with E.

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