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(영문) 인천지방법원 2015.11.19 2014가단65365
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 May 30, 2007, the Plaintiff leased the second floor store No. 2 (hereinafter “instant store”) of the building located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, with the lease deposit of KRW 40 million, monthly rent of KRW 1.5 million, and the lease term of KRW 1.5 million from May 30, 2007 to May 30, 2009, thereby starting to occupy the said store.

B. When the Plaintiff delayed the payment of monthly rent, etc. during the lease and occupation of the said store, the Defendant filed a lawsuit against the Plaintiff seeking delivery of the instant store (Seoul District Court 2014Da1606) and received a favorable judgment on March 21, 2014.

(The reasons for the above judgment are as follows: (a) the sum of monthly rents that the Plaintiff delayed to pay reaches KRW 46,200,000 as of December 31, 2013; and (b) the lease contract between the original and the Defendant was terminated due to the delivery of a copy of the complaint.

After that, on June 3, 2014, the Defendant executed the delivery of real estate to the instant store on the title of execution, and on September 24, 2014, seized corporeal movables remaining in the said store.

[Ground of recognition] Facts without dispute, entry of Eul 1 to 8 evidence (including additional number), the purport of the whole pleadings

2. Around May 27, 2014, the Plaintiff’s summary of the Plaintiff’s assertion (and the Defendant’s wife D) promised the Plaintiff to renew the lease of the instant store at KRW 30 million, monthly rent of KRW 2 million, or to allow the Plaintiff to receive premium from the new lessee.

(A) From January 1, 2013 to the Plaintiff from time to time, the Plaintiff had talked that “the person coming from the instant store ought to know, speak, or come to know well by the Plaintiff.” In addition, the Plaintiff had the Plaintiff win a judgment in the case No. 2014Ga1606 of the Incheon District Court as to the instant store in order to obtain the premium with the Defendant’s belief and trust.” In addition, the Defendant revised the commercial building.

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