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(영문) 대구지방법원 2017.01.13 2016가단22070

권리금반환

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 26, 201, C leased, to D on July 26, 201, the rent rate of KRW 1.5 million from August 1, 2011 to July 31, 2016, the rent of KRW 50 million from August 1, 2011, the rent of KRW 1.5 million from August 1, 201 to July 31, 201, the rent of KRW 1.8 million from July 31, 201, and from the following day to July 31, 2016.

B. After that, on April 18, 2013, the Plaintiff succeeded to the status of lessee D, and on March 4, 2015, the Defendant purchased the instant leased object from C and succeeded to the status of lessor.

C. On April 25, 2016, and June 1, 2016, the Defendant presented to the Plaintiff the terms and conditions for concluding a new lease agreement, and presented each of the terms and conditions for asking the Plaintiff’s intent.

Around June 14, 2016, the Plaintiff’s right to request the Defendant to renew the above content certification for the extension of the term of the above lease on the ground of “1.”

2. Around June 27, 2016, the Defendant sent a certificate of content that “the claim for damages due to the violation of Article 10-4 of the Commercial Building Lease Protection Act” to the Plaintiff, and the period of lease extended from July 31, 2016 to June 30, 2018 upon the Plaintiff’s exercise of the Plaintiff’s right to request renewal was extended by two years from June 31, 2016 to June 30, and the Defendant sent a certificate of content that demanded the increase of the rental deposit and monthly rent in accordance with Article

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 1 and 2 (including additional number)

2. The assertion and judgment

A. The assertion that the Plaintiff entered into a premium contract with F, which is to become a new lessee of the instant leased object prior to the expiration of the term of the said lease agreement. The Defendant demanded that the Plaintiff be a very large rental deposit and monthly rent, thereby hindering the Plaintiff’s opportunity to recover the premium, thereby causing damage to the Plaintiff. Pursuant to Article 10-4 of the Commercial Building Lease Protection Act, the Defendant should compensate the Plaintiff for the damages worth KRW 40 million.