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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On November 15, 2010, the Defendant: (a) on November 15, 2010, leased a building for the use of the neighborhood living facilities in Yongsan-gu C (hereinafter “instant commercial building”); (b) KRW 50 million from the lease deposit; (c) KRW 2 million from the rent month (excluding value-added tax; hereinafter the same shall apply); and (d) from November 15, 2010 to November 14, 2012, the period was determined and leased to the Plaintiff.
B. Around that time, the Plaintiff paid a deposit for lease, and occupied and used the instant commercial building for the purpose, such as the Motor Vehicle Maintenance Site and the Three Vice-President.
C. Even after the expiration of the term, the Plaintiff and the Defendant renewed the contract at the same level as the previous lease deposit and the rent level, and the Defendant demanded the Plaintiff to enter into a new lease agreement on August 2015 under the condition that the lease deposit and the rent are increased.
On September 8, 2015, the Plaintiff: (a) transferred all business rights, such as business facilities, to D; (b) concluded a premium agreement with D to receive KRW 135 million for the premium; (c) introduced D to the Defendant as a new lessee; and (d) requested D to enter into a new lease agreement with D.
E. However, the defendant did not accept the terms and conditions presented by the plaintiff and D, and the plaintiff moved from the commercial building of this case to another place prior to the expiration of the lease term.
[Ground of recognition] Facts without dispute, Gap 1, 3 evidence, Eul 1 and 2 evidence, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff asserted that the Defendant refused to enter into a lease agreement with a new lessee by presenting a significantly higher level of rental deposit and rent than the market price, thereby hindering the Plaintiff from receiving premiums from D.
Accordingly, as a claim for part of the damages, the plaintiff seeks payment of KRW 100 million.
B. The Defendant’s assertion that the lease deposit and rent offered by the Defendant to the Plaintiff and D are reasonable in light of the surrounding market prices, and thus, the Defendant’s liability for damages is not established.
3. Determination
(a) entry and pleading of evidence B 3;