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(영문) 광주지방법원 2020.02.18 2019가단524827
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. A commercial lease relationship, etc.;

A. On March 2012, the Plaintiff entered into a commercial lease agreement with Nonparty C on the first floor located in Seo-gu, Seo-gu, Gwangju (hereinafter “instant commercial building”) with a deposit of KRW 20 million, monthly rent of KRW 1500,000,000 for five years from March 5, 2012 to March 19, 2017, and operated a franchise store with the trade name E from the occupation of the instant commercial building to March 20, 2019.

B. On March 19, 2017, Nonparty C renewed a contract renewal which extends the lease term of the instant commercial building to March 19, 2019, and around June 8, 2017, Nonparty C succeeded to the lessor status under the lease contract for the instant commercial building by selling and selling the instant commercial building to the Defendant.

C. On March 6, 2019, the Defendant did not renew the instant commercial building, and the Plaintiff delivered the instant commercial building to the Defendant by March 25, 2019, and at the same time, the Defendant agreed to pay the Plaintiff KRW 30 million in total, including deposit of KRW 20 million and director expenses of KRW 10 million. Accordingly, the Defendant paid KRW 30 million to the Plaintiff at the same time, and operated a beauty room where the Plaintiff received the instant commercial building from the Plaintiff and operated the said commercial building.

[Ground of recognition] Evidence No. 3, Evidence No. 7, Eul evidence No. 1, Eul evidence No. 3, the purport of the whole pleadings

2. The plaintiff's assertion as to the cause of claim

A. In around 2012, the Plaintiff paid KRW 80,00,000 for the premium to Nonparty F when selling the instant commercial building, but the Plaintiff, while delivering the instant commercial building to the Defendant, was unable to fully recover the said premium from the wind that the Defendant expresses his intention to directly operate the instant commercial building and the occupant.

B. Even if the right to renew the contract is not recognized as the lessee as in the case of the plaintiff, the defendant bears the duty to protect the opportunity for the plaintiff to recover the premium as the lessor.

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