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(영문) 서울서부지방법원 2017.06.02 2016가단83
계약사기에따른 피해배상
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 December 22, 2010, the Plaintiff concluded a lease agreement with the Defendant on a deposit of KRW 20 million (2 million in contract and intermediate payment of KRW 8 million in December 31, 201, respectively) between the Defendant and the branch office of a reinforced concrete structure building located in Mapo-gu Seoul, Seoul (200,000,000,000,000,000,000 won in each payment of KRW 100,000,000,000,000,000,000 won in each payment on February 15, 201), monthly rent of KRW 1,00,000,000 from February 15, 2011 to February 28, 2013.

(hereinafter “instant lease agreement”). B.

The phrase “use” of the description of real estate on the upper end of the instant lease agreement is indicated as “finite living facilities,” and the phrase “the purpose of use of this real estate is limited to clothing stores” is indicated in the special agreement.

C. On December 24, 2010, after the conclusion of the instant lease agreement, the Defendant applied for the change of the use of the instant building from “Neighborhood Living Facility” to “house”, and the head of Mapo-gu accepted it on December 31, 2010.

After the Plaintiff paid the intermediate payment and the remainder, from February 15, 201 to March 31, 201, the Plaintiff carried on the indoor interior interior interior interior interior interior interior interior interior construction and entrance construction of the instant building from around 15, 201 to around 31, 201, and carried on clothing business as “D” by moving into the instant building.

However, the Plaintiff did not have any relationship with the Defendant during the term of lease (at the Plaintiff’s own expense, around October 20, 2012, the Defendant did not perform the duty of repair of the lessor, even though the sewerage in the instant building was discharged, and the Defendant did not perform the duty of repair at the Plaintiff’s own expense). From around November 201, 2012, the Plaintiff closed the loss of the instant building, and was staying in a foreign country and entered the Republic of Korea around August 2013.

E. The Defendant sent a notice of termination of the contract from January 2013 to February 2013 on three occasions on the ground that the Plaintiff’s domicile was delinquent in paying the rent, etc., but is not served.

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