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(영문) 서울중앙지방법원 2017.10.13 2016가단5244395
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 August 6, 1998, the Defendant leased the instant commercial building to the Seocho-gu Seoul Metropolitan Government, the Seocho-gu, D, and E ground-based, the lease deposit amount of KRW 400 million, monthly rent of KRW 7.5 million, and from August 6, 1998 to August 5, 2003, the lease term of KRW 3,051.9 square meters (hereinafter “the instant commercial building”), among the first underground floors, to the 3,051.9 square meters (hereinafter “the instant commercial building”). At that time, the Defendant handed over the instant commercial building from August 6, 1998 to August 5, 2003.

After that, on January 6, 199, the lease deposit was changed to KRW 580 million per month, and the rent was changed to KRW 10.5 million per month, and the defendant was paid the lease deposit from the YYY.

B. The above lease contract was renewed, and the area of the area of the mountain (U.S.) was not paid properly, and the defendant appropriated the total amount of the deposit for the lease on March 23, 2004 for the overdue rent, etc.

C. On April 2, 2010, the Plaintiff entered into a contract with the Defendant on the assumption of the obligation that the Plaintiff accepts the unpaid rent and management expenses, and jointly and severally with the Defendant, the Plaintiff would pay the rent and management expenses incurred from the contract to the instant store.

On April 16, 2012, the Plaintiff entered into a lease agreement with the Defendant with respect to the instant store (hereinafter “instant lease agreement”).

The Plaintiff did not pay a lease deposit to the Defendant under the instant lease agreement.

E. The Plaintiff sublets part of the instant commercial building from April 2013 to August 31, 2014, and unpaid rent of KRW 286,101,840 under the above assumption of obligation and lease agreement, and management fee of KRW 193,683,123.

F. On March 2014, with regard to the sublease of the instant commercial building in daily newspapers, etc., the Plaintiff advertised such terms as “sale in lots at the F Underground Markets,” “dis-registration tax exemption, transfer and takeover possible,” “the formation of the surrounding shopping districts between 300 and 700 million won,” and “the future premium expectation.”

On the other hand, the defendant on May 22, 2014 of this case.

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