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(영문) 서울남부지방법원 2016.07.01 2015가단54039
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On May 8, 2014, the Plaintiff entered into a lease agreement with the Defendant on the first floor of the Guro-gu Seoul Metropolitan Building for lease deposit of KRW 50 million, monthly rent of KRW 2.5 million, and from May 16, 2014 to May 15, 2015 (hereinafter “instant lease agreement”). From June 2, 2014, the Plaintiff operated a restaurant (hereinafter “instant restaurant”) with the trade name “D” from the instant building.

B. On August 17, 2015, the Plaintiff, at the time of implied renewal of the instant lease agreement, sent to the Defendant, on August 17, 2015, a document evidencing that “In order to transfer the right of lease due to the lessee’s difficulty in operating a store, the Plaintiff requested the lessor to re-contract several times to transfer the right of lease, but the lessor refused to renew the lease agreement with E, the assignee of the right of transfer and takeover contract, which is the transferee of the right of transfer and takeover contract, within a prompt time. In short, the Plaintiff was served on the Defendant on August 18, 2015.”

C. On August 18, 2015, the Defendant sent to the Plaintiff a document evidencing that “the premium cannot be recognized, and the lease deposit can be returned upon the restoration of the original state.” The Plaintiff cannot comply with the contract in an unlawful manner because the Plaintiff voluntarily entered into a provisional contract without the lessor’s consent.”

On August 20, 2015, the Plaintiff requested the Defendant to cooperate by entering into a contract with a new contractor by August 25, 2015 so as not to cause any unexpected work.

At the time of acquisition, the amount of the tenant's claim for damages is KRW 80,220,000,000 for store premium at the time of acquisition, KRW 6,322,00 for facility expenses, and KRW 2 million for construction contributions.

The content-certified mail sent to that effect.

E. On August 21, 2015, the Defendant was on August 18, 2015, to the Plaintiff again.

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