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(영문) 서울중앙지방법원 2016.02.18 2015가단5133146

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the parties' assertion

A. The Plaintiff’s assertion 1) The Plaintiff asserted C with 126 units of D Building in Jung-gu Seoul Metropolitan Government (hereinafter “instant store”).

(1) On July 1, 2010, KRW 5 million is the annual rent of KRW 5 million without a deposit for lease; the term of lease until the end of March 201; ② on March 31, 201, KRW 5 million is the monthly rent of KRW 400,000; ③ on March 31, 2012, KRW 5 million is the lease deposit of KRW 5 million; ③ on April 1, 2012, KRW 450,000; and on March 31, 2013, each lease was made in sequence by setting the lease deposit of KRW 5,000,000; and on March 31, 2013 (the final lease agreement made in its final form is KRW 1-3; and on which the lease agreement was concluded, “instant lease of this case”.

(2) The instant lease agreement was implicitly renewed on March 31, 2014, and the Defendant succeeded to C’s lessee status with the Plaintiff’s consent on September 25, 2013.

3) C Co., Ltd., Ltd., which will become the former lessee (hereinafter “Nonindicted Company”) to the Plaintiff.

(1) The term “B-B-B-B-B-C-B-B-B-B-B-B-B-B-B-B-B-B-C-B-B-B-B-C-B-B-B-B-B-B-B-C-B-B-B-B-B-C-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-C-B-B-B-B-C-B-B-B-

(4) The Defendant asserted that the instant lease agreement was a genuine lease agreement and paid only KRW 450,00 won per month to the Plaintiff until June 30, 2015, by asserting that the instant lease agreement was a genuine lease agreement. 4) Since the instant lease agreement that was duly concluded between the Plaintiff and C is the instant lease agreement that was concluded between the Plaintiff and C, the Defendant is the date following April 1, 2014, which was the expiration date of the lease agreement pursuant to the terms and conditions of the instant lease agreement.