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(영문) 서울중앙지방법원 2018.01.26 2017가합545110
손해배상(기)
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On December 1, 2012, the Plaintiff leased from the Defendant the lease deposit amount of KRW 50,000,000, monthly rent of USD 3,000, and from February 1, 2012 to January 31, 2014, the Plaintiff automatically extended the lease deposit amount of KRW 50,000, monthly rent of KRW 3,000, and from January 31, 2014 without any objection between the parties concerned at the expiration of the contract term.

(hereinafter “instant lease agreement”). B.

The Plaintiff and the Defendant agreed in Article 10 of the instant lease agreement that “The competent court shall be the district court of Purura City.”

(hereinafter referred to as “instant jurisdiction agreement”). [Ground of recognition] A without dispute, entry of evidence No. 1, and purport of the entire pleadings

2. The gist of the Plaintiff’s assertion was as follows: (a) the instant lease agreement was automatically extended on January 31, 2014 and January 31, 2016, and extended until January 31, 2018.

However, the Defendant, who leased the instant Riart from E and F, the owner of the said Ri set, did not sublet the instant tea shop without the said owner’s consent, but failed to sublet it to the Plaintiff without permission. On June 4, 2016, the said owner received the said Ri set based on the judgment of the Republic of Korea court, and left the Plaintiff and the Plaintiff’s employees.

The Defendant’s obligation to use and make profits from the instant multilateral shop was impossible for the Plaintiff. The Defendant is obligated to refund KRW 50,000,000 to the Plaintiff, and to compensate the Plaintiff for the amount of KRW 250,318,200 ($ 223,100) for the value of ice equipment stored in the instant multilateral shop based on the responsibility for nonperformance, and for the remaining lease period ($ 224,976,00 for operating income on June 4, 2016 to January 31, 2018) for the amount of KRW 724,976,00 for operating income ($ 36,248,800 for the average operating income of KRW 20 months x 20 months).

3. Determination on this safety defense

A. On the premise that the Defendant’s assertion by the parties is an exclusive international jurisdiction agreement, the instant lawsuit violates the instant jurisdiction agreement.

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