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(영문) 서울중앙지방법원 2020.11.17 2019가단5204817
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 August 4, 2018, the Plaintiff divided the first floor of the Gangnam-gu Seoul building from the Defendant and leased it as follows:

(Real Quality is renewed by amending the terms and conditions of the previous lease from August 10, 2015; the part leased by the Plaintiff (hereinafter referred to as “instant shop”). From August 15, 2018 to August 14, 2019, the lease deposit amount is KRW 100 million, monthly rent is KRW 450,000,000 from August 15, 2018 to August 14, 2019: the lease deposit is KRW 22.7 square meters from the monthly management fee is KRW 30,000: from August 15, 2018 to August 14, 2019; the lease deposit is KRW 30 million from August 14, 2019; the lease deposit is KRW 1680,000,000 from monthly rent; and the management fee is KRW 2220,000,00.

B. On July 16, 2019, when the above lease term expires, the Plaintiff arranged Nonparty F to the Defendant as a new lessee of the store part of this case.

F, while operating the “marine” store in the instant store, proposed that the Plaintiff KRW 130,000,000,000 for lease deposit and KRW 6,80,000 for monthly rent (including management expenses), and expressed the intent to sublet the “E” to a third party.

C. The Defendant refused to conclude a lease agreement with F. D.

As of July 16, 2019, the appropriate rent and management expenses for the store portion of this case as of July 16, 2019 are the monthly rent of KRW 8,618,160 (annual rent of KRW 103,417,980), and monthly management expenses of KRW 483,00.

[Reasons for Recognition: Evidence Nos. 2, 3, and 9 (including paper numbers; hereinafter the same shall apply)

(2) Each entry, the result of appraiser G’s appraisal, the purport of the entire pleadings

2. Determination

A. (1) The plaintiff's assertion (1) made several orders to the defendant who intends to become a new lessee of the store of this case, including F, and the defendant refused to enter into a lease agreement with him/her without justifiable grounds, thereby hindering the recovery of the plaintiff's premium.

Therefore, the defendant should compensate for damages suffered by the plaintiff in accordance with Article 10-4 of the Commercial Building Lease Protection Act (hereinafter referred to as the "Commercial Building Lease Protection Act").

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