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(영문) 창원지방법원통영지원 2017.11.09 2016가단25835
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On September 27, 2011, the Plaintiff entered into a lease agreement with the Defendant, setting forth the lease deposit amount of KRW 100 million, monthly rent of KRW 1300,000,000, and the term of lease from September 27, 201 to September 27, 2013, with respect to macro-city 101 (hereinafter “instant store”).

(hereinafter “instant lease agreement”). The Plaintiff operated “D” at the instant store.

On January 21, 2016, the instant lease contract was renewed, and the Defendant filed a suit against the Plaintiff (this court 2015 group 22532; hereinafter “previous suit”) against the Plaintiff, and the following adjustments were established.

Conciliation Provisions

1. As to the store of this case, the defendant of this case and the plaintiff of this case

A. Agreement that the portion of the rent under the previous lease agreement shall be increased by KRW 1.5 million per month from January 27, 2016 to September 27, 2016;

B. The remainder of the lease agreement, excluding monthly rent, should be governed by the previous lease agreement.

2. On September 27, 2016, the Defendant received from the Plaintiff the remainder of money excluding the monthly rent paid from KRW 100 million and the money that shall be deducted under a lease agreement between the Plaintiff and the Plaintiff, and simultaneously ordered the Plaintiff to provide the instant store.

3. On September 27, 2016, the Plaintiff received an order from the Defendant to leave the instant store, and at the same time, paid the Defendant the remainder of money excluding the amount of money that shall be deducted under the lease contract between KRW 100 million and the unpaid monthly rent and the Plaintiff.

4. Where a new lessee becomes to use the store of this case after the defendant, the plaintiff notified the said new lessee of the fact that the store of this case is not recognized as premium, thereby preventing the defendant from receiving premium from the new lessee. The defendant is the defendant.

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