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(영문) 서울중앙지방법원 2017.09.20 2015가단5360597
손해배상(기)
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. Basic facts

A. On October 8, 2010, the Plaintiff leased a deposit of KRW 20,00,000, monthly rent of KRW 1,100,000 (Additional Tax), management expenses of KRW 50,000, and period of lease from November 20, 2010 to November 19, 2012, among Class 2 neighborhood living facilities of Class 4 of Jongno-gu Seoul Metropolitan Government D ground reinforced concrete structure owned by the Defendants (hereinafter “instant real estate”).

(hereinafter “instant lease agreement”). B.

At the time of the conclusion of the instant lease agreement, the Plaintiff and the Defendants stipulated a special agreement with the following terms: “The matters concerning the contract for the current registry and the current facility condition, and the permission for business, shall be responsible for the lessee (the Plaintiff); premium, facility cost, etc. shall not be recognized.”

C. The Plaintiff initially used the instant real estate as a practice room for working on board training and training, and thereafter installed a theater facility on the instant real estate, and thereafter, from May 201 to May 201, operated a artistic performance, production planning, theater, etc. with the trade name of “E” and operated a theater.

On October 13, 2012, when the term of the instant lease agreement expires, the Plaintiff and the Defendants changed the said contract term from November 20, 2012 to November 19, 2014, and the remainder of the contract is the same as that of the previous contract, and the said contract was explicitly renewed even after the said renewed term expires.

E. On October 28, 2015, the Defendants sent a notice of termination to the Plaintiff on November 20, 2015, stating that the instant lease contract term would have been five years if it was November 20, 2015, and that no longer the contract is maintained, and thus, the Defendants returned to the original state until November 20, 2015, and sent it by content-certified mail.

F. The Plaintiff occupied and used the instant real estate until December 28, 2015, and subsequently suspended its business thereafter, and took measures to reinstate the instant real estate around January 2017.

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