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(영문) 서울중앙지방법원 2017.07.07 2015가합578246
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 December 2, 2009, the Plaintiff is a person who leased the third floor building located in Seoul Sejong-gu (hereinafter “instant building”) from the Defendant to operate a coffee specialty store in the name of “D,” and the Defendant is the owner of the instant building, who leased the instant building to the Plaintiff.

B. On December 2, 2009, the Plaintiff entered into a lease agreement for the building of this case (hereinafter “instant lease agreement”) with the Defendant from December 2, 2009, with the lease deposit of KRW 200 million, the lease term from December 2, 2009 to December 1, 2015, as follows:

Article 1 (Indication of Lease Articles and Term of Contract) 2 (hereinafter “Plaintiff”) of the main contents of the instant lease agreement (hereinafter “Plaintiff”).

A) The Plaintiff leased the leased object to use it for the Plaintiff’s coffee shop, and Party A (hereinafter “Defendant”).

) No leased object may be used for any other purpose without the consent of the Plaintiff. Article 5 (Installation, Maintenance, and Management of Facilities) 1) A facility installed by the Plaintiff for the Plaintiff’s intended purpose shall be installed, managed, and maintained at the Plaintiff’s expense, and may not be claimed against the Defendant for any future cost, useful cost, and premium.

2) The Plaintiff shall obtain the Defendant’s prior permission when altering or remodeling a facility. Article 7 (Explanation of Subject Matter) 1) Where the contract is terminated due to the expiration or early termination of the contract period, the Plaintiff shall issue an order to the Defendant for the leased object. The facilities installed as necessary by the Plaintiff must be removed at the Plaintiff’s expense.

Provided, That this shall not apply to facilities approved by the defendant.

Matters of special agreement

1. The defendant shall cooperate in the change of use, the extension of electricity, and the change of the capacity of septic tanks so that it can be used and profit-making in compliance with the plaintiff's original purpose after the lease agreement

2. It is possible to change the name of direct management or franchise store during the contract period;

3...

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