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(영문) 서울중앙지방법원 2018.10.11 2018가합516324
손해배상(기)
Text

1. The Plaintiff:

A. As to the Defendant C’s KRW 35,769,530 and KRW 31,122,030 among them, Defendant C shall be from November 23, 2017 to 4,647.

Reasons

1. The progress of the case prior to the filing of the instant lawsuit

A.D leased two floors among the tourist hotel buildings owned by it on the eight-story size above that of Daejeon-dong E, Daejeon-gu, as follows:

(F) On July 8, 201, 201, 201, 100,000 won (in addition to value-added tax) KRW 100,000,000,000,000,000 won for each object of lease (the current 2nd floor) of the Defendants on July 8, 201, 3 (F) the lease deposit for each type of object of lease (the current 2nd floor) of the lessee on the lease date; Defendant C 2 (the current 1st floor) 10,00,000 won (G) 10,000,000 won (excluding value-added tax) for coffee specialty on August 7, 2016;

The plaintiff purchased the above tourist hotel building from D and completed the registration of ownership transfer in the future on October 17, 2012, and succeeded to the status of D's lessor.

On September 17, 2015, the Plaintiff agreed to reduce the rent with Defendant C, both the use of each leased object, the increase of rent, and the payment of rent.

(C) 3.5 million won per month, coffee specialty 4.5 million won per month).

From May 26, 2016, the Plaintiff filed a lawsuit against the Defendants (Seoul District Court Decision 2016Kadan205868) to request the name of the building that “The Defendant delivered the restaurant to the Plaintiff at the same time with the payment of KRW 88450,000 from the Plaintiff, and the Defendant C received KRW 7825,00 from the Plaintiff at the same time with the payment of KRW 7825,00,000 from the Plaintiff, and the Defendants’ appeal (Seoul District Court Decision 2016Na10485) was dismissed on October 18, 2016, and the said judgment of the first instance became final and conclusive.

In the above judgment, ① each of the above lease agreements was terminated by the plaintiff's notification of termination of the contract on the ground of the defendants' delinquency in rent, and the lease relationship terminated (as to the respondent restaurant on April 11, 2016, respectively terminated on the coffee specialty store on April 8, 2016), ② The amount to be deducted from the above lease deposit to the overdue rent.

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