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Reasons
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(영문) 서울서부지방법원 2017.10.12 2016가단235346
손해배상(기)
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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 May 4, 201, the Plaintiff leased the lease deposit amounting to KRW 15,00,000,000, and KRW 1,100,00,000 per month from the Defendant to the end of May 31, 201, the Plaintiff entered into a lease contract with the Defendant for the lease deposit amounting to KRW 15,00,00,000. The said lease contract was renewed twice (the lease deposit was not changed; KRW 1,200,000,000 per month; KRW 15,00,000,000 per month; KRW 1,350,000,000 on May 26, 2015; KRW 1,350,000 on the lease deposit; and KRW 1,350,000 on the rent; and from June 1, 2015 to May 31, 2016.

(hereinafter “instant lease agreement”). B.

On May 18, 2016, before the termination of the instant lease agreement, the Plaintiff entered into a contract with F to transfer the right to operate the instant store in KRW 55,00,000 for the premium of KRW 55,000 (hereinafter “the instant premium contract”).

C. On May 2016, the Defendant proposed to F a deposit of KRW 30,000,000 for the instant store, and KRW 3,000,00 for each month of rent, but the F did not accept this and did not reach an agreement on the instant lease contract, and the instant premium contract was not included in the premium contract.

From June 1, 2016 to May 31, 2017, the appraised value of the rent for the instant store as of May 31, 2017 is the monthly rent of KRW 2,00,030 in the event that the lease deposit is 30,00,000.

(hereinafter referred to as “the appraisal amount of this case”). / [Grounds for recognition] without dispute; entry of Gap evidence Nos. 1, 4, 5, and 9 (including branch numbers); the result of entrustment of appraisal of rent to appraiser G; the purport of the whole pleadings.

2. The main point of the Plaintiff’s assertion is that the Defendant demanded F to become a new lessee of the instant store to rent KRW 30,000,000 and monthly rent of KRW 3,00,000, which are considerably high in light of the appraised value of the instant store, and had F waive the lease of the instant store.

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