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(영문) 수원지방법원 성남지원 2018.12.14 2018가단213810

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 April 13, 2016, the Plaintiff paid KRW 13 million to Nonparty C, and entered into a contract for lease (hereinafter “instant lease contract”) with the Plaintiff, setting the deposit amount of KRW 30 million between the Defendant and the Defendant on the same day, and the lease period of KRW 2.4 million from April 28, 2016 to April 28, 2018, by setting the lease period of KRW 52.93 square meters on the first floor of the building D, Seoul-gu, Sungnam-gu, Seoul Special Metropolitan City (hereinafter “instant commercial building”).

Since that time, the Plaintiff operated a sufficient room in the commercial building of this case.

B. On April 2017, the Plaintiff decided to terminate the instant lease agreement even under the personal circumstances, and requested the F Licensed Real Estate Agent Office operated by E to mediate the new lessee of the instant commercial building for the pursuit of the lease. Around that time, the Plaintiff entered into a premium agreement of KRW 35 million with G through the said brokerage office, and requested the Defendant to enter into a new lease agreement with G, but the Defendant refused the lease agreement with the suspicion of financial resources for the future rent payment of G.

C. On December 2017, the Plaintiff entered into a premium contract with Nonparty H, and requested the Defendant to enter into a lease contract with H, but the Defendant demanded that the deposit be increased to KRW 50 million and eventually, the lease contract with H was nonexistent.

On or around March 8, 2018, the Plaintiff left the commercial building of this case and received the remaining security deposit from the Defendant after deducting the overdue car up to that time.

[Grounds for Recognition] Unsatisfy, entry of Gap evidence 1 to 7, witness E's testimony, purport of whole pleadings

2. Summary of the parties' arguments;

A. Although the Plaintiff arranged a person who is to become a new lessee of the commercial building of this case under the agreement with the Defendant, the Defendant, without any justifiable reason, refuses to grant the Plaintiff premium.