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(영문) 수원지방법원 여주지원 2021.01.14 2019가단50682
손해배상(기)
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On February 1, 2018, the Plaintiff: (a) purchased a lease deposit of KRW 30 million from D; (b) from February 1, 2018 to January 31, 2019; and (c) from February 1, 2018 to January 31, 2019, the Plaintiff: (a) leased KRW 10,000 (including value-added tax; hereinafter the same shall apply); (b) from February 1, 2018 to June 6 months from the date of occupancy, the lease of KRW 10,000,000 (including value-added tax; hereinafter the same shall apply); and (c) from February 1, 201 to 10,000 to 2110,000,000 won of the instant building; and (d) thereafter, the Plaintiff used the instant lease of each of the instant premises (hereinafter referred to as “the instant leased building”).

B. Following the agreement between the contracting parties, the lessor of the instant lease agreement changed from March 8, 2018 to Defendant C (hereinafter “Defendant C”). From August 1, 2018, the Plaintiff did not pay the rent under the said lease agreement to Defendant C, and on November 2 and 6, 2018, Defendant C notified the Plaintiff that the said lease agreement will be terminated on the grounds of overdue payment.

(c)

Around November 13, 2018, the management office of the instant building (controlled M Co., Ltd.), taken measures for cutting down or cutting off the leased building of this case.

(d)

Even after being notified by Defendant C of the termination of the lease agreement as above, the Plaintiff continued to possess the instant leased building until February 19, 2019. From August 1, 2018 to February 2019, the Plaintiff’s rent unpaid from August 12, 2018 to February 2019 during the Plaintiff’s possession amounting to KRW 81,675,00 ( = KRW 12,100,000 as of September 12, 2018; KRW 12,100,000 as of October 12, 2018; KRW 12,100,000 as of October 12, 208; KRW 10,000 as of December 12, 2018; KRW 0,000,000 to October 10, 2019; and KRW 10,000 to October 29, 2019.

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