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(영문) 수원지방법원 2016.10.27 2016가단514646

손해배상(기)

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 January 21, 2008, the Plaintiff: (a) leased the lease deposit of KRW 300,000,000 per month for the first six months; (b) KRW 10,000,000 per month for the first six months; (c) from January 21, 2008 to January 20, 201; (d) leased the lease of KRW 10,000,000 per month for the following six months (including value-added tax); (c) from January 21, 2008 to January 20, 2010 (hereinafter “instant first lease agreement”); and (d) from January 21, 2008 to January 21, 2010, the Plaintiff opened and operated a pharmacy with “D” as “D.”

B. Around May 1, 2009, the Plaintiff drafted a separate set of a lease contract with the Defendant and the instant store at KRW 50,000,000,000 per month, and KRW 3,000 per month of rent with respect to the instant store.

C. The first lease contract of this case was implicitly renewed on one occasion, and thereafter, on September 26, 2012, the Plaintiff leased the instant store from the Defendant for the lease deposit of KRW 300,000,000, monthly rent of KRW 16,000 (in addition to value-added tax, KRW 10,000,000 shall be paid in cash or by allowing the Defendant to directly withdraw from the account under the name of the Plaintiff, and only the remainder of KRW 6,60,000 (including value-added tax of KRW 60,000) shall be remitted to the account under the name of the Defendant, from January 21, 2012 to January 20, 2014).

(hereinafter “instant second lease contract”). D.

After that, the Plaintiff, for the purpose of tax return again with the Defendant, drafted a separate set of contract with the Defendant, which covers lease deposit of KRW 300,000,000, and KRW 6,000,000 per month of rent (excluding value-added tax).

E. As the Plaintiff was partially late from October 2014, the instant second lease contract was renewed explicitly, and the Defendant notified the Plaintiff of the termination of the said lease on the ground that the said lease was delayed twice or more times on February 16, 2015, and notified the Plaintiff of the termination of the said lease on February 17, 2015.

The defendant shall set forth against the plaintiff as Suwon District Court 2015 Gohap6502.