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(영문) 서울중앙지방법원 2020.10.22 2019나69645
손해배상(기)
Text

The plaintiff's appeal against the defendants is dismissed in entirety.

Expenses for appeal shall be borne by the plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. On February 25, 2019, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendants and the first floor E among the Seoul Gangnam-gu Seoul Metropolitan Government D ground neighborhood living facilities and housing (hereinafter “instant real estate”), setting the lease deposit amount of KRW 5 million, monthly rent of KRW 500,000 (excluding advance payment and value-added tax), and the period from April 25, 2019 to April 24, 2021.

The Defendants consented to the sub-lease of the Plaintiff as a special agreement.

B. On the date of the contract, the Plaintiff paid KRW 500,000,000 as the down payment, which is part of the lease deposit, to the Defendants, and the remaining KRW 4.5 million was agreed to pay on April 25, 2019.

C. The Plaintiff paid the Defendants KRW 50,000,000 to the Defendants on March 25, 2019, KRW 600,000 on April 25, 2019, and KRW 50,000 on April 30, 2019.

On April 27, 2019, the Plaintiff entered into a sublease contract to sublease the instant real estate amounting to KRW 4 million, monthly rent of KRW 500,000,000.

E. On April 30, 2019, the Plaintiff, F, and Defendants agreed as follows:

1) In the event that the Plaintiff subleases it, he/she shall obtain a written consent from the Defendants for the type of business, and only one business entity shall be permitted to make a business registration. 2) The Plaintiff deliver a sublease contract entered into with F to the Defendants, and does not recognize any premium.

F. On April 30, 2019, the Defendants notified the Plaintiff of the termination of the instant lease agreement on the grounds that the Plaintiff did not pay the remainder of the lease deposit under the instant lease agreement KRW 4.4 million until April 30, 2019. The notice reached the Plaintiff around that time.

G. On May 27, 2019, the Plaintiff filed the instant lawsuit against the Defendants seeking restitution (a total of KRW 1.65 million paid by the Plaintiff to the Defendants) and compensation for damages, on the grounds that the Defendants unilaterally rescinded the instant lease agreement.

[Ground of Recognition] Facts without dispute, Gap evidence 1, 2, and Eul No. 1.

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