손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On February 13, 2013, the Plaintiff entered into a commercial lease agreement with the Defendant, stating that the lease deposit amount of KRW 20,000,000, monthly rent, KRW 1,500,000, and the period from April 9, 2013 to April 9, 2015, the lessee may immediately terminate the instant contract when he/she violated the purpose or structure of the said real estate without the consent of the lessor.
B. After the conclusion of the contract, the Plaintiff operated a restaurant in the instant building. On April 9, 2015, the Plaintiff concluded a re-contract with the Defendant by changing the monthly rent of KRW 1,700,000 to KRW 1,70,000. However, on April 16, 2015, the Plaintiff deducted the unpaid rent of KRW 3,30,000 from the deposit and deducted the unpaid rent of KRW 17,00,000 from the deposit, and concluded a re-contract by changing the rental deposit of KRW 17,730,00 from the monthly rent of KRW 1,730,00
C. Around 2017, the Plaintiff sought to renew the lease contract under the same conditions as the previous one. However, the Defendant, on January 4, 2017 and January 17, 2017, notified the Plaintiff of the termination of the lease contract with the notification of the termination of the lease contract with the notification of the request for reinstatement.
On March 8, 2017, the Plaintiff concluded a contract for the acquisition of rights and facilities between D and D, under the condition that D and the Defendant enter into a lease agreement with respect to the instant building, including premium of KRW 63,00,000,000, and the purchaser of all internal house, and requested the Defendant to make a new contract on the 14th of the same month.
However, the defendant did not conclude a lease contract with D as to the building of this case.
E. Around August 2017, the Plaintiff delivered the instant building to the Defendant.
[Reasons for Recognition] Evidence Nos. 1 through 4, Evidence Nos. 2 and 6, and the purport of the whole pleadings
2. Judgment on the parties' arguments
A. The Plaintiff’s assertion 1).