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(영문) 서울중앙지방법원 2018.07.24 2017가단5173438

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 March 29, 201, the Plaintiff entered into a lease agreement with the Defendant, setting the lease term of KRW 222.43 square meters (hereinafter “instant commercial building”) from April 15, 2011 to April 14, 2013, with respect to the first floor of the building in Gangnam-gu Seoul, Seoul, with the Defendant as KRW 3 million (hereinafter “instant lease agreement”), and operated a real estate brokerage business by leasing the instant commercial building from the Defendant.

(2) On April 29, 2016, when five years have elapsed since the instant lease contract was implicitly renewed, the lease term of one year was concluded on April 29, 2016 on the same condition.

On March 23, 2016, the Plaintiff sent to the Defendant a declaration of intent under the terms of the termination of the lease contract with the content-certified mail that “the period of lease was no longer closed due to a serious depression,” and reached the Defendant around that time.

B. On June 21, 2017, the Plaintiff entered into the instant premium contract with C, to transfer the right to the instant shopping district to C in KRW 160 million, but C entered into a premium contract with the purport that it shall pay the Plaintiff KRW 110 million in the name of the premium.

According to the above premium contract, KRW 30 million is paid respectively on June 24, 2017, and the remainder on June 26, 2017.

(On the other hand, according to paragraph (5) of the attached special agreement, the down payment shall be paid in cash and the remainder payment shall be agreed upon).

(1) The Plaintiff and the Defendant, from June 28, 2017 to July 18, 2017, have the content of a new lease agreement, which demands the conclusion of a new lease agreement (the Plaintiff) and the information about C, such as the amount of the premium, the basis for calculating the premium, and the copy of the business registration certificate (the Defendant).