(영문) 서울동부지방법원 2016.01.14 2014가단54480

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(영문) 서울동부지방법원 2016.01.14 2014가단54480

약정금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is the owner of the shopping mall No. 501 of the underground floor (hereinafter “instant shopping mall”) of Yongsan-gu Seoul Metropolitan Government and one parcel of land, and has operated a restaurant in the name of the Plaintiff’s 'E' in the past and the previous shopping mall.

B. Around July 2010, the Plaintiff entered into a lease agreement with the Defendant with regard to the instant commercial building by setting the lease deposit amount of KRW 200 million, monthly rent of KRW 10 million, and the term of lease from July 7, 2010 to July 6, 2013 (hereinafter “instant lease agreement”). From that time, the Plaintiff operated the E-E E-mail in the instant commercial building.

The Plaintiff and the Defendant agreed to the terms and conditions of the instant lease agreement, and to the effect that “(i) the lessee may not claim any premium and beneficial expenses to the lessor and any third party upon the termination of the lease agreement; provided, however, that if he succeeds to a third party before the due date due to the lessee’s circumstances, he shall succeed to the lessor’s consent. ② The lessee shall, upon the termination of the lease, restore the commercial building to its original state, but

C. The Plaintiff: (a) reported the suspension of business on May 1, 2013; (b) reported the closure of business; and (c) reported the closure of business on June 30, 2010; and (d) consulted with the Defendant on the terms and conditions of the instant lease agreement renewal before the closure of business; (b) sought from the Defendant the renewal terms and conditions of the lease deposit amount of KRW 300 million (10 million), monthly rent of KRW 13 million (3 million increase); and (c) sought a new lessee.

On May 2013, the Plaintiff introduced to the Defendant a new lessee who can enter into a five-year rental contract as required by the Defendant, a new lessee who can enter into a five-year rental contract (hereinafter referred to as “non-party company”), and it is difficult for the Plaintiff to directly receive KRW 120 million premium from the non-party company due to the accounting problem of the non-party company.

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