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(영문) 대구고등법원 2020.05.28 2019나25456

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On August 26, 2008, the Plaintiff concluded, from the Defendant on August 26, 2008, a single-story retail store of 74.53 square meters (hereinafter “instant store”) out of 1,499 square meters of the building 6 stories in Nam-gu, Nam-gu, Seoul (hereinafter “instant store”) with a deposit of 40 million won, monthly rent of 2.5 million won (excluding value-added tax), the lease term of 2.5 million won from August 26, 2008 to August 25, 201 (hereinafter “the first lease agreement”).

Article 2 (Period and Extension of Period of Lease) (1) The term of lease shall be from August 26, 2008 to August 25, 2011. <2> The term of lease shall be extended automatically by one year under the same conditions, if both parties to a contract fail to notify the lessor in writing by one month prior to the expiration of the term of lease. < Amended by Act No. 3 (Rental Deposit and Monthly Rent) ① The lessee shall pay a deposit of KRW 400 million to the lessor. ④ The monthly rent shall be KRW 2.5 million, and the lessee shall not be paid by the end of each month to the lessor’s account. ④ The lessee may not perform any of the following acts within the term of the leased building. The lessee may not be obliged to perform any of the prohibited acts under Article 6 (Facilities Facilities and Equipment in Building) (4) The lessee may not permit the lessee to use all or part of the right to use the facilities and the right to use the facilities and the right to lease and the right to lease under Article 9 (Right and Right to Lease).

(2) If a contract is terminated under paragraph (1), the lessee shall immediately return the object of the lease in return for the deposit and redemption.