(영문) 수원지방법원안산지원 2016.11.24 2016가합5877

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(영문) 수원지방법원안산지원 2016.11.24 2016가합5877

손해배상(기)

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The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The defendant around 2007, the 2,3, and 4th floor of the building C in Ansan-si was leased from D, the owner of the above building, and operated the E-Public Notice Board (hereinafter the "E-Public Notice Board"), and the plaintiff was in charge of cleaning services of the E-Public Notice Board.

B. On February 1, 2014, the Plaintiff entered into a sublease contract with the Defendant for the rent of KRW 3,800,000 per month and KRW 9,00,000 per month with respect to the instant public notice source and KRW 10,000 per month with respect to the sublease deposit, and the sublease period from February 1, 2014 to January 31, 2016 (hereinafter “instant sublease contract”), and paid KRW 10,000,000 to the Defendant on the same day.

C. From May 2014, the Plaintiff agreed with the Defendant to pay KRW 13,300,000 monthly rent of KRW 4,300,000 and KRW 9,300,000. On November 12, 2014, the Plaintiff agreed to pay KRW 12,30,000 for monthly rent of KRW 4,300,000 and KRW 8,00,000 for monthly rent of KRW 12,30,000.

The plaintiff is the defendant from February 2, 2014 to February 2, 2016.

A total of KRW 202,00,000,000, including 10,000,000,000 for the sublease deposit paid as described in the subsection, was paid.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. At the time of the conclusion of the sub-lease contract of this case, the Defendant asserted that the Plaintiff introduced the Plaintiff to the owner of the building so that the Plaintiff can directly enter into the lease contract with the owner of the building when the period of sub-lease expires, and that the Plaintiff succeeded to the Plaintiff’s claim to refund KRW 80,000,000 to the Plaintiff, but during the period of sub-lease, the Defendant agreed to pay KRW 216,000,000,000 to the Defendant’s bank loan interest on the installment payment of KRW 16,00,000,000 each month for 24 months.

However, the lease contract between the defendant and the building owner is concluded.

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