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(영문) 서울북부지방법원 2019.05.23 2018가합25681
손해배상(기)
Text

1. The Defendant’s annual interest in KRW 87,553,110 and KRW 73,210,880 among the Plaintiff, from January 3, 2018 to May 23, 2019.

Reasons

1. Basic facts

A. Lease contract and renewal contract 1) between the Plaintiff and the Defendant on November 22, 201, the Plaintiff is between the Defendant and the Defendant, and the Plaintiff is the first floor and the second floor of the two-story neighborhood living facilities in the Jung-gu Seoul Metropolitan Government, Jung-gu, Seoul, and the second floor ( approximately KRW 51 square meters in terms of contract, hereinafter “instant building”).

) A lease agreement stipulating that “The lease deposit shall be KRW 40 million, KRW 3.5 million per month, KRW 3.5 million per month, and the lease term shall be from December 1, 201 to November 30, 2013 (hereinafter “the lease of this case”).

A) Around that time, the above lease deposit was paid to the Defendant, and the instant building was transferred to the Defendant, and the restaurant “D” (hereinafter referred to as the “instant restaurant”).

2) The Plaintiff and the Defendant entered into a renewal agreement with respect to the instant lease agreement on November 22, 2013, which extends the lease term from December 1, 2013 to November 30, 2015 without changing the lease deposit and the rent, to two years from November 30, 2015. On November 26, 2015, the Plaintiff and the Defendant concluded a renewal agreement which extends the lease term to two years from December 1, 2015 to November 30, 2017.

B. On April 24, 2017, the Defendant notified the Plaintiff of the termination of the instant lease agreement to the effect that “the instant building, which is the object of lease, is planned to sell the instant building, and thus, is attempted to deliver the instant building by November 30, 2017, which is the expiration date of the lease term,” and the said notification reached the Plaintiff around that time.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2 (including paper numbers), the purport of the whole pleadings

2. Determination as to the claim for damages

A. On November 3, 2017, prior to the expiration of the instant lease term, Plaintiff 1’s assertion by the parties, concluded a premium agreement with E to take over the instant restaurant on November 3, 2017, and entered into a lease agreement with E on November 8, 2017.

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