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(영문) 광주지방법원 2019.10.16 2018나64909
손해배상(기)
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 15,000,000 as well as to the plaintiff on March 2018.

Reasons

1. Article 3 of the facts of the foundation may not change the use, structure, etc. of the said real estate without the consent of the lessor, nor sub-lease, lease on a deposit basis, transfer the right to lease on a deposit basis, or offer the security

Article 4 If the lease contract expires, the lessee shall restore the above real estate to its original state and deliver it to the lessor, and the lessor shall refund the deposit for the lease to the lessee.

Matters of special agreement

4. When the lessee delivers the store, the lessee shall waive the claim for the expenses of the interior, including the premium, the expenses of the used article, or other expenses.

On March 2, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 40 million, monthly rent of KRW 290,000,000, and the lease term from March 11, 2015 to March 10, 2017, with respect to some of the first floor of the instant building (hereinafter “instant commercial building”).

The part relating to the instant lease agreement is as follows.

B. The Plaintiff operated a restaurant in the name of “D” with the consent of the Defendant from August 26, 2016, when operating the clothing store in the instant commercial building.

C. On March 8, 2017, the Plaintiff demanded the renewal of the instant lease agreement for one year, and the Defendant received the said request on March 20, 2017, the lease term of the instant lease was extended by April 11, 2018.

On November 7, 2017, the Plaintiff notified the Defendant of the termination of the instant lease agreement.

In addition, around February 2, 2018, the Plaintiff concluded a premium contract with E to transfer all business facilities of “D” to KRW 60 million for premium, and sent a certificate to the Defendant to the effect that the Plaintiff would be a new lessee.

However, the defendant, on February 9, 2018, hereinafter referred to as "the plaintiff on February 9, 2018, is under the ground through the ventilation apparatus installed in the commercial building of this case.

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