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(영문) 서울남부지방법원 2016.08.18 2015가합7610
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 April 19, 201, the Defendant leased a building listed in the separate sheet owned by the Defendant (hereinafter “instant building”) to the Plaintiff, with the lease deposit of KRW 5 million, KRW 550,000 per month (payment on the tenth day of each month), the lease term from April 31, 201 to May 10, 201 (hereinafter “instant lease contract”), and the said lease term was implicitly renewed after the expiration of the said term.

B. On February 12, 2014, the Defendant sent a content-certified mail to the effect that “the Plaintiff was in arrears for two months in arrears of the Plaintiff and that the Defendant was not willing to renew the instant lease contract after May 10, 2014,” which is the expiration date, and the said content-certified mail reached the Plaintiff on the following day. However, on February 24, 2014, the Defendant did not give any reply to the Defendant regarding the above content-certified mail. (2) On February 24, 2014, the Defendant sent the Plaintiff as the receiver and the Plaintiff had no intent to re-contract the instant lease, and the Plaintiff must deliver the instant building to the Defendant by May 10, 2014. In the event that the Plaintiff did not comply with the foregoing, the Defendant sent a delivery-certified mail to the same address, and the following day arrived at the Plaintiff.”

C. On March 14, 2014, the Defendant filed a lawsuit against the Plaintiff on March 14, 2014 against the Seoul Central District Court seeking delivery of the instant building, overdue rent, and unjust enrichment on the ground that “the instant lease contract was terminated due to the delay of at least two vehicles of the Plaintiff,” and the Defendant filed a complaint with the said court stating the Plaintiff’s address as “Seoul Gangseo-gu D”.

The above court shall have jurisdiction over the plaintiff as the domicile of the above written complaint.

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