(영문) 서울남부지방법원 2017.02.10 2016가단233020

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(영문) 서울남부지방법원 2017.02.10 2016가단233020

손해배상 등

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 5, 2011, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant and the Plaintiff on the second floor of the Yangcheon-gu Seoul Metropolitan Government brick Splob roof (hereinafter “the instant leased building”) with respect to the lease deposit of KRW 70 million, monthly rent of KRW 500,000 (the value-added tax is separate, and the rent payment date is the 23th day of each month), and the period from September 16, 201 to September 15, 2013. The instant lease agreement included a special agreement that “if the lease agreement is terminated, the lessee shall restore the leased building to its original state and return it, and the lessee shall repair and restore the leased building, and the lessee shall not demand the lessor to pay the premium, facility cost, etc.”

B. The Plaintiff operated a restaurant with the trade name “D” on the instant leased building, and was in arrears with business management difficulties due to the failure to pay the rent under the instant lease agreement from May 201 to September 15, 2013, which led to the occurrence of a renewal of the instant lease agreement, even though the amount of the rent was 44.8 million won as of September 15, 2013.

C. Meanwhile, around July 2014, the Plaintiff’s delayed rent was KRW 26 million, and the Defendant issued, on July 11, 2014, a plan to repay the rent in full to the Defendant by December 23, 2014, to the effect that the Plaintiff would pay the rent in full by July 23, 2014, and then, on July 23, 2014, the said year was the overdue rent.

8. 22.1,12.10,00 won, November 19, 19 of the same year, and December 22, 2000 won, and April 6, 2015, paid KRW 7 million.

The Plaintiff notified the Defendant of the refusal to renew the instant lease agreement through the proof of the content of August 19, 2015. Ultimately, the instant lease agreement was terminated on September 15, 2015, and was terminated upon expiration of the period, and the Plaintiff was returned from the Defendant on October 12, 2015 the remaining deposit 54,227,000 won after deducting the overdue rent from the Defendant’s deposit 70,000 won.

[Ground of Recognition] Unsatisfy, Gap Nos. 1, 2, and .

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