임대차보증금
Of the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked, and such revocation shall be revoked.
Facts of recognition
On February 28, 2017, the Defendant leased 32 square meters (hereinafter “instant store”) of a store located in the second floor located in D Hospital located in D in Jeju at D (hereinafter “K”) to K (hereinafter “K”) on February 28, 2017 by setting the lease deposit amount of KRW 50 million, monthly rent of KRW 1320,000 (including value added tax; hereinafter the same shall apply), and the lease period from March 15, 2017 to March 14, 2020.
K’s Jeju Branch Office
F was suspended for a long time since the commencement of the business at the instant store. On September 7, 2017, K demanded the Defendant to cancel the lease agreement early on the following grounds: “A lessee who wishes to change the lessee due to our circumstances, and to continue the E store.” The Defendant requested the lessee to cancel the lease agreement under the same conditions as our country would request the lessee to change the lessee under our circumstances.”
On September 8, 2017, the Defendant concluded a lease agreement with the Plaintiff (hereinafter “instant lease agreement”) stating that the instant store is leased to the Plaintiff as the F’s principal agent.
The term of the instant lease agreement is the same as the term of the lease agreement entered into between K and the Defendant, in addition to the term of the lease agreement entered into between March 15, 2017 and September 11, 2017.
After the Plaintiff commenced business at the store of this case, a dispute occurred on the ground that the Plaintiff infringed upon the Plaintiff’s business rights of G et al., which the Plaintiff had already been granted exclusive sales rights from the Defendant, and the Defendant’s side prevented the Plaintiff from manufacturing and selling coffee beverages.
On June 2018, the Plaintiff requested the termination of the lease contract to I, the head of the Defendant Hospital Administrative Office, on the ground that he/she is unable to conduct a normal business. Accordingly, I still remains in the lease period, so I would not terminate the contract, but will terminate the contract on the ground that the time is not paid for a portion of the rent for two months.
The term "" refers to the following.
The plaintiff's business is suspended and the new lessee is identified.