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(영문) 광주지방법원 순천지원 2018.04.24 2017가단70042
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On September 15, 201, the Plaintiff entered into a contract with the Defendant to lease the Jeonyang-si C and one story (hereinafter “instant building”) from the Defendant and operated the D convenience points. The Defendant is the owner of the instant building, who leased the instant building to the Plaintiff.

B. On September 15, 201, the Plaintiff and the Defendant entered into a lease agreement on the instant building (hereinafter “instant lease agreement”) with the Defendant on the condition that the lease deposit KRW 20,000,000, monthly rent of KRW 1,300,000 (Additional Taxation) and the lease term of KRW 5 years from October 1, 201 to September 30, 201, and the Plaintiff entered into a sublease agreement on the instant building with Nonparty E on September 24, 201, and sublet the instant building in Nonparty E.

C. On June 24, 2016, prior to the expiration of the instant lease agreement, the Defendant sent to the Defendant a certificate indicating that he/she had no intent to renew the instant lease agreement, and the Defendant sent a certificate of the same content on August 23, 2016.

On September 2, 2016, the Plaintiff: (a) verified the content that the Plaintiff would request the new lessee to cooperate to collect the premium; (b) verified the content that the Plaintiff would have concluded a new tenant recruitment on September 26, 2016; (c) concluded a premium contract with the new lessee on September 29, 2016; and (d) entered into a right contract with the new lessee on September 29, 2016, with the content that the new lessee entered into a contract with the new lessee to continue to operate the convenience store with a high credit rating and the acquisition of the rent in good faith; and (c) stated the name and address of the new lessee.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 5, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that the plaintiff arranged an interview with the new lessee to the defendant and entered into a new lease agreement.

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