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(영문) 서울서부지방법원 2019.11.01 2019나33498

손해배상(기)

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. On November 18, 2016, the Plaintiff entered into a lease agreement with Defendant B and 1 on the following terms with regard to 34 square meters inboard (hereinafter “instant real estate”) that connect each point of the attached drawings 1, 2, 3, 4, 1, and 34 square meters in sequence, among the 2nd real estate listed in the attached Table 1 list:

(hereinafter “instant lease agreement”). Lease deposit amounting to KRW 25,00,000, monthly rent of KRW 300,000 (payment after the second payment on November 25, 2016): From November 25, 2016 to November 24, 2018, a lessor (Defendant B) may terminate the instant lease agreement if he/she fails to pay that the lessee (Plaintiff) is two vehicles.

Special terms: The lessor is to convert the lease deposit into KRW 50,000,000 when the lessee has increased the lease deposit.

B. From November 20, 2016, the Plaintiff, a lessee, began to use the instant real estate, and did not fully pay KRW 300,000 monthly rent from December 25, 2016 under the instant lease agreement even though it was paid from December 25, 2016.

C. Defendant B, a lessor, notified on February 27, 2017 that the Plaintiff terminated the instant lease agreement, and the Plaintiff received the said notification around that time.

Defendant B filed a lawsuit against the Plaintiff on the ground that the instant lease agreement was terminated due to the delay of the Plaintiff’s two or more vehicles, and thus, Defendant B was rendered a favorable judgment on October 13, 2017.

The Plaintiff appealed by Seoul Western District Court No. 2017Na40317, but the judgment dismissing the appeal was rendered on March 29, 2018 and became final and conclusive around that time.

(hereinafter “instant judgment”). E.

According to the execution of the instant judgment, the Plaintiff removed from the instant real estate on March 14, 2018.

F. Defendant C is the spouse of Defendant B, and Defendant D and E are real estate brokers who arranged the instant lease agreement.

[Reasons for Recognition] There is no dispute;