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(영문) 수원지방법원 안산지원 2018.08.08 2017가단56783
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 April 8, 2013, the Plaintiff entered into a lease agreement with the Defendant on a deposit of KRW 30 million, monthly rent of KRW 1,500,000 (payment on May 10, 201), and a lease agreement on a four-year period from May 10, 2013 (hereinafter “instant lease agreement”) with respect to all the first floor of the building on the ground (hereinafter “instant building”), which was handed over by the Defendant, and operated a beauty room.

B. On October 13, 2016, the Plaintiff and the Defendant agreed to increase the monthly rent to KRW 2 million (including value-added tax) upon the expiration of the instant lease term, and agreed to extend the contract for two years. However, in the course of consultation on April 30, 2017, before the expiration of the instant lease term, the Defendant did not enter into a two-year extension contract on the wind demanding the extension of the two-year extension period as KRW 2 million among the instant building after May 10, 2018, while the Defendant was in consultation on April 30, 2017.

【Reasons for Recognition】 2, 3, and 6 Evidences, the purport of the whole pleadings

2. The assertion and judgment

A. On May 10, 2018, the Plaintiff’s summary of the Plaintiff’s assertion concluded a premium contract with D on May 4, 2017 in order to recover the premium, deeming it difficult to renew the contract after May 10, 2018, and concluded a premium contract with D on May 4, 2017.

However, D terminated the premium contract that the defendant listens to the above requirements through the plaintiff.

The Defendant’s above act constitutes an act of demanding that the lessee be a new lessee in light of the amount of taxes, public charges, rents, deposits, and other burdens on commercial buildings, which constitutes an act of hindering the lessee from receiving the premium from a person who is arranged by the lessee to become a new lessee. As such, the Defendant is obliged to pay KRW 90 million for the premium to be paid to the Plaintiff in compensation for damages.

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