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(영문) 서울중앙지방법원 2017.09.21 2016가합571785
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On November 1, 2008, the Plaintiff entered into an initial lease agreement with the Defendant, a company aimed at real estate leasing business, etc., to lease the first floor store of G Building 14 and 18 (hereinafter “instant store”), which is seven floors of the Seoul Jongno-gu Seoul, D, E, and F’s ground reinforced concrete brick 1, which is the slive roof of G Building 7 floors, with the Defendant. On November 1, 2008, the Plaintiff entered into a lease agreement between the Defendant and the Defendant for the lease deposit amount of KRW 30 million,000,000 and the monthly rent of KRW 1,760,00 (payment on November 25, 2008), from November 1, 2008 to October 31, 2009.

(hereinafter) The lease contract between the Plaintiff and the Defendant (hereinafter “instant lease contract”). The Plaintiff has been operating precious metal sales stores at the instant store from around 1999, and the instant lease contract has been renewed annually.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1, 2, 10 (including branch numbers in case of additional number), the purport of the whole pleadings

2. Determination:

A. The Plaintiff’s assertion that the instant lease agreement was renewed and was terminated on October 31, 2016. However, around August 25, 2016, the Plaintiff requested the Defendant to conclude the instant lease agreement with H after the termination of the instant lease agreement, but the Defendant rejected such request.

The Plaintiff and H agreed to receive premium of KRW 280,000,000 in return for acquiring the store of this case from H. However, the Plaintiff was not paid the said premium due to the Defendant’s refusal.

In other words, on September 2016, the Plaintiff entered into an agreement with Haman on the transfer of the right to lease, such as the attached Form and form, and the Plaintiff transferred the sales facilities of the instant store to I, and entered into an agreement with I to receive KRW 300,00,000 for the premium from I.

The plaintiff on September 2016.

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