logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.05.22 2018나85787
손해배상(기)
Text

1. The plaintiff's appeal and the claims extended by this court are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. Basic facts

A. On December 12, 2014, C entered into a lease agreement with the Defendant on December 12, 2014, between the 12-story neighborhood living facilities located in Yangcheon-gu Seoul Metropolitan Government (hereinafter “instant building”), and operated a private teaching institute in the instant commercial building from around the time when the lease deposit amount is KRW 30,000,000, monthly rent of KRW 4,200,000 (the rent indicated separately; hereinafter the same shall apply), and the lease agreement was concluded between December 12, 2014 and December 11, 2015, as well as operating the instant commercial building.

The above contract was implicitly renewed after the expiration of the term.

B. On April 12, 2016, C established the Plaintiff and appointed as the representative director, and the Plaintiff succeeded to the status of lessee under the said lease agreement with the Defendant’s consent.

On November 2, 2016, the original Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with respect to the instant commercial buildings, which is KRW 30,000,000, monthly rent of KRW 4,410,000, and the term of lease from December 12, 2016 to December 11, 2017 (hereinafter “instant lease agreement”).

C. On August 31, 2017, the Plaintiff entered into a contract with G to transfer and take over the rights to transfer the status of the tenant of the instant commercial building in KRW 40,000,000.

On September 19, 2017, the Defendant demanded G to enter into a lease agreement with the Plaintiff as a monthly rent of KRW 6,148,00,000, but partially accepted G’s request for reduction, and demanded KRW 5,848,00. G refused such request and failed to enter into a lease agreement with G.

E. On April 17, 2018, the Plaintiff retired from the instant commercial building around the end of the instant lease agreement, and the Defendant concluded a lease agreement between H and H as to the instant commercial building, which is KRW 40,000,000, monthly rent of KRW 5,200,000, and June 10, 2018, on June 10, 2018 to June 10, 2020.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1-5, Eul evidence Nos. 1, 2, 4, and 6, the purport of the whole pleadings

2. The defendant's non-appeal.

arrow