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(영문) 서울동부지방법원 2020.12.18 2020나126
손해배상(기)
Text

The plaintiff's appeal is dismissed.

The plaintiff's claim extended by this court is dismissed.

Reasons

1. Under the underlying facts, facts do not conflict between the parties, or may be recognized by comprehensively considering the overall purport of the pleadings in each entry in Gap evidence Nos. 1-5, 8, and Eul evidence Nos. 1-9.

On November 30, 2010, the Plaintiff concluded a lease contract with the Defendant for the lease deposit of KRW 4 million, monthly rent of KRW 2930,000,000, monthly management fee of KRW 3250,000,000, and from November 1, 2010 to November 30, 2012, the term of lease of KRW 4,500,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00

B. After that, the Plaintiff increased the monthly rent of KRW 320,000 to KRW 3230,000, but concluded a contract for the change on January 15, 2014, the Plaintiff reduced the monthly rent from KRW 3230,00 to KRW 2,595,400, while the monthly management fee was increased from KRW 320,000 to KRW 954,60.

However, the rent payment account in the contract was set up as the bank account in the name of the defendant, and the management fee payment account was set up as the bank account in the name of D Co., Ltd.

C. When entering into a modified contract as of December 31, 2014, the Plaintiff and the Defendant increased the monthly rent from KRW 2,595,400 to KRW 2,695,400,000, monthly management fees of KRW 954,600, monthly management fees of KRW 954,600. The term of lease was changed from December 31, 2014 to November 30, 2015. However, the management expenses payment account was changed from the bank account in the name of the former D Co., Ltd. to the bank account in the name of the Defendant.

After that, the plaintiff has been operating the Public Notice Board of this case while renewed the lease contract without any special change.

Around February 11, 2019, the Defendant demanded that the Plaintiff increase the monthly rent by KRW 3.50,000,000. Accordingly, the Plaintiff requested that the Defendant increase the monthly rent by KRW 3.5 million from February 15, 2019, and that “the Defendant requested KRW 3.50,000 from February 11, 2019,” but the Plaintiff refused it.

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