(영문) 대전지방법원 2021.02.03 2020가합103799

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(영문) 대전지방법원 2021.02.03 2020가합103799

손해배상(기)

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1. The defendant's KRW 122,760,00 for the plaintiff and 5% per annum from May 12, 2020 to February 3, 2021.

Reasons

1. Basic facts

A. On April 11, 2014, the Plaintiff and the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendant, stipulating that the Plaintiff shall lease the commercial building located in Seosung-gu Daejeon (hereinafter “instant building”) from April 30, 2014 to April 30, 2020 during the lease period (72 months), the lease deposit amount of KRW 20,000,000, and the monthly rent of KRW 2,000,000, and stipulated the following special terms.

Matters of special agreement

1. After the expiration of the lease, facilities and goodwill are gratuitously transferred to the lessor without any condition.

2. The lessor is not authorized to set aside any facility and premium, and the lessee may not also request the lessor to do so.

3.The above terms and conditions shall be the date of compromise.

B. The Plaintiff, upon delivery of the instant building in accordance with the instant lease agreement, operated the car page (hereinafter “the instant car page”) with the trade name “D” from May 21, 2014 to May 21, 2014.

(c)

On August 25, 2014, the Defendant filed a complaint with the Plaintiff on the Daejeon District Court No. 2014, 100, and the Defendant filed a complaint with the Plaintiff on August 25, 2014 (hereinafter “instant complaint settlement protocol”). The main contents are as follows.

Reconciliation Clause

1. From May 30, 2014 to April 30, 2020, the respondent (referring to the plaintiff) shall pay the applicant (referring to the defendant) KRW 2,00,000 as of the last day of each month from May 30, 2014 to April 30, 202, and if the respondent fails to pay the rent more than three times, the respondent shall terminate the lease contract without due process such as peremptory notice, etc., and the respondent shall receive the remainder of the money obtained by deducting the overdue rent, electricity, water supply, management expenses, value added tax, etc. from the deposit amount of KRW 20,000,00, and at the same time, order the applicant as well as real estate (referring to the building of this case) listed in the attached list.

2. The applicant shall be subject to a termination of the lease contract due to the termination of the lease period of six years or the delinquency in payment.

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