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(영문) 수원지방법원 2017.04.13 2016나60744
손해배상(기)
Text

1. The plaintiff's appeal is all 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. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, in addition to making a supplementary judgment as to the part on which the plaintiff contests as the grounds for appeal as follows, and thus, it is acceptable in accordance with the main sentence of Article 4

2. Supplementary judgment

A. On September 3 and 11, 2015, the Defendants: (a) ordered the Plaintiff to refuse to renew the contract; (b) refused to conclude a contract with the new lessee by requesting the Plaintiff to guarantee the opportunity to recover the premium; and (c) deprived the Plaintiff of the opportunity to recover the premium in fact on the ground that the new lessee would cooperate with the Plaintiff to recover the premium if he/she remains left before the end of the lease contract. Therefore, the Defendants shall compensate the Plaintiff for damages equivalent to the amount of the premium due to interference with the opportunity to recover the premium. (b) On September 3, 2015 and September 11, 2015, it is clear that the Defendants sent to the Plaintiff a certificate that the Plaintiff would not conclude the renewal contract at the expiration of the lease contract of this case, and that the Plaintiff would not cooperate with the new lessee during the first instance trial period.

However, it is difficult to view the evidence submitted by the Plaintiff and the above recognition alone as a clear declaration that the Defendants would refuse to enter into a lease agreement with the new lessee immediately.

Furthermore, even if the above notification of the plaintiff is the declaration of refusal to enter into a contract with a new lessee, the plaintiff is leased three months prior to the expiration of the lease term for collecting his/her own premium pursuant to Article 10-4(3) and (1)4 of the Commercial Building Lease Protection Act.

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