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(영문) 서울동부지방법원 2020.01.16 2018가단119538
손해배상(기)
Text

1. The Plaintiff, Defendant C, and Defendant C, Defendant D, E, and F, respectively, KRW 24,509,333, and each of them from June 12, 2018.

Reasons

1. Basic facts

A. (1) On June 26, 2014, the Plaintiff and the deceased were to enter into the instant lease agreement. On the ground of G permanent residence owned by the deceased, the Plaintiff and the deceased were to enter into a commercial building on the first floor (H pharmacy; hereinafter “instant pharmacy”).

(2) As to the lease deposit, a lease agreement with the terms of KRW 20 million, monthly rent of KRW 3 million, the term of lease from July 21, 2014 to July 21, 2016, and the terms of lease with the amount of KRW 110 million for premium to be leased (hereinafter “instant lease agreement”).

After the conclusion of the contract, the Plaintiff paid the above deposit and the premium, and used it at the time, and the instant pharmacy was renewed on July 20, 2016.2) Meanwhile, on July 20, 2014, the Plaintiff and the Deceased concluded a special agreement stipulating that “The instant lease agreement shall be maintained for two years, and it shall be maintained for six years by guaranteeing two extensions, except in extenuating circumstances. Since July 20, 2020, the lessee cannot assert the return of the premium amounting to KRW 110 million to the lessor, and if the lease is terminated under the circumstances of the lessee, the lessee does not demand the lessor to return the premium (hereinafter “the instant special agreement”).

B. On December 21, 2016, the Plaintiff sent to the Deceased a document verifying that “The Plaintiff has no intention to maintain the contract any longer upon the expiration of the contract term due to the Plaintiff’s marriage, and the Plaintiff’s new lessee has entered into a contract with the Plaintiff.” From April 2018, the Plaintiff expressed his/her intention to terminate the instant lease contract with the Deceased and his/her children by telephone or content-certified mail, and requested the Deceased to enter into a lease agreement with the new lessee as the new lessee is to color the new lessee. 2) On May 4, 2018, the Plaintiff entered into a contract with I to transfer the right to KRW 165 million with respect to the instant pharmacy, and the Deceased.

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