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(영문) 서울중앙지방법원 2018.11.14 2017가합580762
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. The Defendant is a company that leased all the building of the five and eight stories above ground (hereinafter “instant real estate”) owned by C in Busan Shipping Daegu D, Busan, and the Plaintiff was a person who transferred all the seven and eight stories of the instant real estate from the Defendant, and established E Co., Ltd. (hereinafter “E”) around June 17, 2013 in order to engage in the wa trading business in the said seven and eight stories.

B. On August 18, 201, the Plaintiff and the Defendant concluded a sublease contract with respect to the 6 and 7th floor of the instant real estate (hereinafter “the instant primary sublease contract”) with the Plaintiff, setting the sublease deposit amounting to KRW 500 million, KRW 52 million per month, and KRW 52 million per month, and the sublease period from December 15, 201 to December 14, 2016 (hereinafter “the instant primary sublease contract”), and the said sublease contract provides that the Plaintiff may use the sublease object for the purposes of “facilities related to venture (facilities, facilities annexed to crowdfunding, facilities related to crowdfunding, facilities for crowdfunding, etc.), and facilities for food service.”

(2) After the conclusion of the instant sub-lease contract, the Defendant entered into a contract with the Plaintiff on September 8, 201 to sublease the 7th and the 8th (hereinafter “sub-lease”) of the instant real estate (hereinafter “the instant sub-lease”) with respect to the sub-lease of KRW 250 million, monthly rent of KRW 26 million, and the sublease period from December 15, 201 to December 14, 2016 (the date of conclusion of the contract is retroactive to August 18, 201; hereinafter “the instant sub-lease contract”). According to the said sub-lease contract, the Plaintiff stipulates that the sub-lease may use the sub-lease for the purpose of use of the pre-lease-related facilities (SP, crowdfunding facilities, ancillary facilities, sales facilities, etc.) and other business purposes.

(3) On or around April 2012, the date of concluding a new contract with the Defendant to transfer the instant sub-lease portion by amending the terms and conditions of the said contract, which was formulated retrospectively on August 18, 201, and “the third sub-lease contract” (hereinafter “instant third sub-lease contract”).

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