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(영문) 서울중앙지방법원 2020.01.17 2019가합558721
손해배상 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

(a) Contract amount, such as the conclusion of a lease contract: Deposit for lease of KRW 979,84,00: 244,917,00: Contract period of KRW 3,092,00: From January 25, 2010 to February 24, 2016 (including six years and one month construction period): Monthly rent from January 25, 2010 to February 24, 2016 (including one month): 13,609,50 won Article 10 (1) of the penalty due to a cause attributable to the plaintiff, the amount equivalent to the monthly rent of KRW 3 months shall be deducted from the rental deposit first.

Article 11 (Installation and Reversion of Facilities) Where this contract is terminated or terminated, the plaintiff shall restore the leased object related to the operation of the business to its original state at the expense of the plaintiff.

3) The Plaintiff may not claim reimbursement from B for all expenses incurred in installing the leased object and operating the business.

Article 26 (Requirements for Cancellation and Termination) (3) In cases where the plaintiff falls under any of the following subparagraphs, B may cancel or terminate the contract after peremptory notice:

3. A lease agreement between the Plaintiff and B on January 25, 2010, stating that the Plaintiff’s rent, etc. was overdue for not less than three months (hereinafter “instant lease agreement”) and the Plaintiff leased one-story 211 square meters of underground floor in subway 3 lines C (hereinafter “instant lease agreement”).

(2) On March 2012, the Plaintiff and B concluded a modified contract with the following terms: (a) the monthly rent of KRW 13,908,872; (b) the lease deposit of KRW 250,359,691; (c) the lease area of KRW 207.92 square meters (hereinafter “instant store”); and (d) the application period of the modified contract was from September 1, 201 to February 24, 2016.

3) From around that time, the Plaintiff established a store in the instant store and entrusted it to another person to operate a coffee store, a tea store, a clothing store, a miscellaneous store, and a specialty store (hereinafter referred to as the “Plaintiff’s business”).

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