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(영문) 수원지방법원 2017.02.10 2015나44820
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On July 1, 2010, the Plaintiff leased from Suwon-gu, Suwon-si and one parcel E 14 and 115 (hereinafter “each of the instant shopping districts”), and paid KRW 82 million to G, a lessee of the instant shopping district, as the premium.

B. On July 21, 2012, the Defendant purchased each of the instant commercial buildings from C.

On July 20, 2012, the Plaintiff leased each of the instant commercial buildings from the Defendant as KRW 30 million, KRW 1.5 million per each subparagraph, KRW 1.5 million per month, and the lease period from July 20, 2012 to July 19, 2013. On July 27, 2013, the Plaintiff leased each of the instant commercial buildings as KRW 30 million, KRW 1.6 million per month, and the lease period from July 20, 2013 to July 19, 2014 (12 months).

(The lease of this case is KRW 60 million, KRW 3.2 million per month, and KRW 3.2 million per month, hereinafter referred to as “the lease of this case”).

On August 25, 2014, after the expiration of the lease term of this case, the Plaintiff sent a written notice to the Defendant stating that “The termination of the lease of this case is demanded after November 27, 2014 on the grounds that business losses due to the recent absence are enormous.” Accordingly, the Defendant wanted to terminate the lease of this case on September 5, 2014 to the Plaintiff on September 30, 2014.

The answer was sent to that effect. D.

On September 23, 2014, the Plaintiff and the Defendant agreed to terminate the instant lease on September 30, 2014 with the following content:

A certified address: Each title of the commercial building of this case: The lease relationship at the above address shall be agreed upon by the lessor and the lessee as follows:

1. The termination of the lease agreement on September 30, 2014 is agreed.

2. A lessee shall complete the succession to his/her goodwill and the report on the closure of his/her business, and the lessor shall settle and return the rental deposit at the time all taxes and public charges are settled;

3. A lessor shall provide the lessee with KRW 5 million as a director expense; and

A lessor: The lessee of the Plaintiff: The Plaintiff

E. The Plaintiff on October 2, 2014

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