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(영문) 서울중앙지방법원 2019.02.13 2018나46232
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. On May 17, 2014, the Plaintiff entered into a contract with C and 1st underground floor in Mapo-gu Seoul Metropolitan Government (hereinafter “instant leased object”) to acquire all facilities, fixtures, and goodwill as a premium of KRW 80 million (hereinafter “instant premium”) and paid the price in full.

B. On the other hand, the Plaintiff entered into a lease agreement with the Defendant with respect to the leased object of the instant case (hereinafter “instant lease agreement”) and paid all the lease deposit to the Defendant, setting the lease agreement between June 1, 2014 and May 31, 2019, with the amount of KRW 150 million, monthly rent of KRW 9 million (excluding value-added tax), monthly management fee of KRW 500,000 (excluding value-added tax), monthly management fee of KRW 500,000 (excluding value-added tax), and the period.

Meanwhile, Article 7(3) of the instant lease agreement provides, “If a lessee fails to remove any object or property owned by the lessee or fails to order the lessee to restore the leased object to its original state for any reason, the actual life-saving day shall be deemed the expiration date of the contract, and the rent, management fee, and late payment charge shall be borne by the lessee.”

C. While the Plaintiff was operating the main store in the leased object of this case (hereinafter “instant main store”), water leakage was generated in the septic tank on July 2015.

On July 27, 2015, the defendant performed the drainage work and repair work of septic tanks.

The Plaintiff did not pay the rent and management expenses (including value-added tax) out of the rent and management expenses (including value-added tax) for the portion of February 2015 under the instant lease agreement and the rent and management expenses after March 31, 2015. On March 31, 2016, the Defendant sent the Plaintiff the notice that the instant lease was terminated by mail verifying the content that the instant lease was terminated.

E. The defendant is the Seoul Western District Court to deliver the leased object of this case from the plaintiff.

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