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(영문) 서울중앙지방법원 2018.08.31 2018가합510968
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. (1) On November 7, 2012, the Plaintiff entered into a lease agreement and real estate listed in the separate sheet (hereinafter “instant commercial building”) with the Defendant, and the Plaintiff’s private letter operated in the instant commercial building as “instant private letter”.

(1) As to the leased type of business with respect to women’s exclusive use, the rent is KRW 9 million per year, monthly rent is KRW 10 million per year, KRW 11,00,000 per year, and the term of lease is from December 7, 2012 to December 6, 2014. The term of lease is KRW 100,000,000,000 for the intermediate payment is KRW 40,000 on the date of concluding a contract, and the intermediate payment is KRW 50,00,000 for the remainder payment is KRW 5,00,000 on November 16, 2012 (hereinafter “instant lease”).

(2) Upon entering into a contract, the Plaintiff paid KRW 40 million as part of intermediate payment on November 16, 2012, and KRW 50 million as part of intermediate payment on the remainder of December 6, 2012, respectively, to the Defendant, on the following grounds: “The instant lease agreement becomes effective and becomes invalid without any responsibilities between the lessor and the lessee, and may be extended under mutual agreement if the procedures for reporting the closure of the business are not complied with by the date of the remainder payment.”

B. (1) From January 2013 to August 2013, the Plaintiff began to operate the instant friendship with the trade name “C” without reporting the public bath business. On August 1, 2013, the Plaintiff was sentenced to a fine of KRW 1 million for the crime of running the instant friendship from the instant court without reporting the public bath business (No. 2013 high-ranking 17972) (this Court Decision 200, May 2013 to August 2013).

On August 27, 2013, the Defendant notified the Plaintiff of the termination of the instant lease agreement on the ground of the rent delay, and the said notification reached the Plaintiff around that time.

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