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(영문) 서울서부지방법원 2018.12.19 2017가단20718
손해배상(기)
Text

1. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)

(a) deliver the real estate listed in the separate sheet;

B. August 3, 2018

Reasons

1. Basic facts

A. On August 5, 2013, the Plaintiff: (a) leased a store of the first floor D (hereinafter “instant store”) of Mapo-gu Seoul Building C, Seoul, with a deposit of KRW 35 million; (b) monthly rent of KRW 1.6 million; and (c) on September 2, 2013 through September 1, 2015 (hereinafter “instant lease agreement”); and (d) operated a restaurant with a trade name “E” at the said store.

B. On June 30, 2015, the Defendant issued a written notice to the Plaintiff by content-certified mail, and (1) on June 30, 2015, “in the event of the contract renewal, the contract renewal intention was notified in writing before the expiration of the contract,” and (2)

7. The contract was terminated on September 1, 2015, which was the expiration date of the contract term on September 30, 2015, and thus, the store was restored to its original state for delivery, and (3) the same year.

8. 24. 24. A notice stating that “If a store is occupied even after the expiration of the contract, the monthly rent of KRW 1,744,00 shall be deemed to be accepted until delivery after the contract is terminated.”

C. Since then, the Plaintiff continued to deposit only KRW 1.6 million, the Defendant urged the Plaintiff to deliver the monthly rent, and (1) on July 25, 2016, notified the Plaintiff that “if the store delivery is not made, the monthly rent of KRW 144,00 per month shall be deducted from the lease deposit, and if the store delivery is not made, the monthly rent of KRW 1.9 million shall be deemed to accept the conditions that would be KRW 1.9 million on September 2, 2016.” (2) On June 28, 2017, the Defendant notified the Plaintiff of the condition that the overdue rent of KRW 4,728,00,00, such as the monthly rent and value-added tax, should be deducted from the lease deposit, and if the store delivery is not made, the conditions shall be deemed to be accepted as KRW 190,00,000 on September 2, 2017.”

On July 28, 2017, the Defendant notified the Plaintiff on September 1, 2015 that the lease contract was terminated as of September 1, 2015, and that the store will not be renewed, and that the store will be restored to its original condition and delivered. On August 30, 2017, the Plaintiff notified the Defendant of the restoration of the store and delivery. The instant lease contract is governed by the Commercial Building Lease Protection Act (hereinafter “The Commercial Building Lease Protection Act”).

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