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(영문) 수원지방법원안양지원 2016.05.27 2015가단10897
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 October 201, the Plaintiff leased to the Defendant the part (Ga) (Ga) (hereinafter “instant store”) (a) of the real estate indicated in the separate sheet among the real estate listed in the separate sheet, which connects the Defendant with each of the items in sequence indicated in the separate sheet Nos. 1, 2, 3, 4, and 1 (hereinafter “instant store”) by setting the lease deposit amount of KRW 400,000,000, monthly rent of KRW 800,000 (excluding value-added tax), and the period from November 1, 201 to October 31, 2013.

B. On June 5, 2012, the Defendant sub-leaseed the instant store to Nonparty B from June 1, 2012, KRW 100,000,000, KRW 3,850,000, KRW 3,850,000, and the period from June 1, 2012 to June 1, 2014.

C. On July 8, 2013, the Plaintiff notified the Defendant of the refusal to renew the above lease contract.

On October 15, 2013, the Plaintiff filed a lawsuit against the Defendant and B for the name of the building under this Court 2013da107803, which became final and conclusive on December 31, 2013 as follows.

Decisions

1. The Defendants deliver the instant store by February 28, 2014.

2. The Plaintiff shall pay KRW 400,000,000 to Defendant A simultaneously with the delivery of the instant store from the Defendants.

5(b)(e).

The Defendant delivered the instant store to the Plaintiff on February 28, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 7, the purport of the whole pleadings

2. Judgment on the parties' arguments

A. On October 2013, the Plaintiff: (a) notified the Defendant of the refusal of renewal; and (b) concluded a lease agreement on the part including Nonparty A and the instant store from November 2013; and (c) the instant store was delivered to Nonparty B at the latest for four months on the wind of the Defendant’s store.

The plaintiff prepared a written agreement that partially reduces the monthly rent in order to compensate for the damages to the non-party Escoo.

As a result, the Plaintiff incurred damages, such as reduction or exemption from the Defendant’s delivery of the instant store from November 1, 2013 to February 28, 2014.

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