(영문) 서울남부지방법원 2019.09.24 2018가합110845

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2019.09.24 2018가합110845

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 March 18, 2015, the Plaintiff and the Defendant concluded a lease agreement with the Defendant to lease the entire area of approximately KRW 427.46 square meters of the first floor among the six-story neighborhood living facilities in Busan Jin-gu, Busan, Busan, and the light steel framed Gabro (hereinafter “instant store”) by setting the deposit amount of KRW 500 million and the term of the lease up to March 17, 2020 as follows.

Article 3 (Monthly Income Tax)

1. The lessee shall be KRW 40 million for monthly rent from March 18, 2015 to March 17, 2018; KRW 45 million for monthly rent from March 18, 2018 to March 17, 2020; and the said monthly rent shall be transferred to the lessor’s account on March 20, 2018.

Article 14 (Special Matters to be Specified)

1. A lessor or lessee shall come into existence a settlement prior to filing a lawsuit by March 18, 2015 based on the terms of this lease agreement.

2. The above lease agreement shall be null and void unless the settlement procedures prior to the filing of the lawsuit are followed.

3. In a case where the lease agreement was established before the filing of a lawsuit, if the lessee wishes to cancel the contract with the lessor and the new lessee, first, the contract conditions between the lessor and the new lessee are more than KRW 1 billion and KRW 50 million, second, the protocol of compromise with the lessor and the new lessee can be established at the same time with the new lease agreement.

B. Around July 2018, the Plaintiff arranged to the Defendant to the instant store D with a deposit of KRW 1 billion, KRW 50,000,000,000, and KRW 50,000,000,000 for a contract term of five years. However, the Defendant rejected the contract term of five years at that time and did not enter into a new lease contract.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 6, and 7, the purport of the whole pleadings

2. In accordance with Article 14 of the lease agreement, the Plaintiff asserted that the instant store was arranged to the Defendant for a new agreement to sell a deposit of KRW 1 billion in monthly rent of KRW 50,000,000, and the Defendant may benefit from entering into a new lease agreement.

유사 판례

-서울서부지방법원 2019. 7. 5. 선고 2018가단239274 판결

-대구지방법원 2017.01.12 2016가합3137

-대전지방법원 2016.09.06 2016가단2663

-서울중앙지방법원 2014.12.10 2014가단5049367

-의정부지방법원 2019.06.27 2018나214020