logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.07.15 2018가단5197615
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) together with the Plaintiff (Counterclaim Defendant) about KRW 90,000,000 and KRW 40,000 among them.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On September 14, 2013, the Defendants concluded a lease agreement with the Plaintiff to lease real estate listed in the real estate list owned by the Defendants (hereinafter “instant commercial building”) with the term of KRW 50 million, monthly rent of KRW 3.1 million, and the term of lease from September 15, 2013 to September 14, 2015 (Provided, That no notice is given by September 15, 2013 before the expiration of the contract, an extension of one year under the same condition shall be extended to the Plaintiff on the same condition).

(hereinafter “instant lease agreement”). B.

Under the instant lease agreement, the Plaintiff paid KRW 50 million to the Defendants, and operated a car page with the trade name “E” after being handed over the instant commercial building from the Defendants, and in accordance with the terms and conditions of the agreement, the lease agreement was renewed on a yearly basis after the maturity of September 14, 2015.

C. Around October 2017, the Defendants notified the Plaintiff that the instant lease agreement will not be renewed. Accordingly, the instant lease agreement terminated on September 14, 2018.

On August 14, 2018, the Plaintiff entered into a premium agreement with F to pay KRW 100 million to the Plaintiff when F becomes a new lessee of the instant commercial building.

(hereinafter referred to as “instant premium contract”). E.

On August 16, 2018, the Plaintiff arranged F as a new lessee by notifying the Defendants of the conclusion of the instant premium contract. However, the Defendants refused to conclude a new lease agreement with F on the ground that the new lessee and the new lessee are entering into a lease agreement with KRW 100 million and monthly rent of KRW 4 million.

On August 17, 2018, the Plaintiff concluded a new rental agreement with F on the condition of rent desired by the Defendants to the Defendants, and arranged once again, but the Defendants did not comply therewith.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 12, and pleadings.

arrow