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(영문) 서울동부지방법원 2019.06.05 2018나26569
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, except for the cases where the two pages 2, 21, 3, and 8 of the first instance judgment are dismissed as follows, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. First of all, as to whether the Plaintiff arranged for a new lessee, the following circumstances are revealed by the health team, the above basic facts, Eul evidence No. 1, and the purport of the entire pleadings, i.e., whether the Plaintiff could obtain a new lease to the instant store for the purpose of the restaurant death, which is: (a) around the end of April 2016, the Plaintiff was refused by the Defendant on the ground that it was a restaurant usage; (b) at that time, the Plaintiff did not provide the Defendant with an opportunity for consultation by direct face-to-face or telephone conversations with the E, which the Plaintiff would wish to become a new lessee; and (c) the Plaintiff did not provide the minimum information necessary for concluding the lease contract, including basic personal information and financial standing, including E’s name and contact address; (b) the Defendant provided the Plaintiff with an opportunity to seek a new lessee for two months after the expiration of the lease contract for the instant store (as to May 31, 2016), but the Plaintiff failed to introduce another lessee to the Defendant; (c) the Plaintiff did not provide any evidence to acknowledge the new lessee.

Next, Article 10-4 (1) 4 of the Commercial Building Lease Protection Act (hereinafter “The Commercial Building Lease Protection Act”) provides that “the lessor refuses to enter into a lease agreement with a person acting as a new lessee arranged by the lessee without any justifiable ground,” as to whether the Defendant refused to enter into a lease agreement without justifiable grounds.”

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