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(영문) 서울중앙지방법원 2018.06.22 2017가단5130905

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff entered into a lease agreement with the Defendants on the surface of the 11st, 3rd, and 718.16 square meters for part of the 1st underground floor among the 3rd underground floors (hereinafter “instant real estate”). From January 1, 2013 to December 31, 2014, the term of lease was from January 1, 2013 to December 31, 2014; the deposit was KRW 130 million; the rent was KRW 9,33,000,000; the monthly rent was KRW 3,258,60; and the lease agreement was concluded on December 23, 2014 to KRW 30,300,000,000,000 from January 1, 2015 to December 31, 2016; and

(2) Article 2(2) of the instant lease agreement provides that “If a lessee or lessee fails to give written notice of his/her intent to renew the contract six months prior to the expiration of the term, the instant lease agreement shall be terminated on the date when the contract expires, and the renewal thereof shall be decided by agreement between the parties, and the lessor may refuse a lessee’s request for renewal of the contract.”

B. On May 28, 2017, the Plaintiff delivered the instant real estate to the Defendants, and received a refund of the lease deposit after deducting the expenses for restitution from the Defendants.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The parties' assertion

A. On April 30, 2017, the Plaintiff (1) and the Defendant agreed that the instant lease agreement was terminated. Around March 21, 2017, the Plaintiff arranged for a new lessee C and consulted with the Defendants. However, the Defendants demanded a rent and management fee of KRW 16 million to be increased by about 30%. In addition, the Defendants demanded that the rent and management fee of KRW 16 million be increased by about 30%, and the new lessee should only guarantee the lease period of KRW 8 months until December 31, 2017, and thereafter, if the Defendants so request, the new lessee will terminate the lease agreement.