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(영문) 부산지방법원 2020.12.10 2020나42552
손해배상(기)
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 21, 2013, the Plaintiff leased approximately 7 square meters of the first floor of the Busan Metropolitan City building C (hereinafter “instant commercial building”) owned by the Defendant from the Defendant to May 20, 2015, respectively, with a deposit of KRW 5,000,000, monthly rent of KRW 600,000, and lease period from May 21, 2013 to May 20, 2015 (hereinafter “instant lease agreement”), and operated convenience stores in the instant commercial building.

The instant lease contract was implicitly renewed every year thereafter.

B. On June 2018, the Defendant’s denial and the Plaintiff’s agent under the instant lease agreement discussed the renewal of the lease agreement by phone call with the Plaintiff’s husband, who was operating convenience points in the instant commercial building. At the time, D demanded the extension of one year if renewal is made. E intended to operate business until September 2018 and terminate the instant lease agreement.

(hereinafter referred to as "E and D activities" are also organized by both the plaintiff and the defendant.

On June 17, 2018, the Plaintiff notified the Defendant of the fact that the Plaintiff sought a new lessee of the instant commercial building in KRW 10,000,000, monthly rent of KRW 800,000 by posting a telephone, and requested the new lessee to enter into a contract with the new lessee. The Defendant subsequently rejected this.

On June 19, 2018, the Plaintiff sent to the Defendant a Kakao Stockholm message stating that “The termination of the contract will be known after June 20 to three months,” and sent a certificate of content that the lease contract is terminated at the expiration of three months from the date of receipt of the notification to the Defendant on June 20, 2018.

The content of this document contains a statement that the new lessee is arranged to enter into a premium contract with a new lessee.

E. On June 22, 2018, the Defendant expressed his intention to seek a new lessee on the conditions of monthly rent of 1,500,000 in the currency with the Plaintiff, and on June 25, 2018, the monthly rent of 800,000 won in the currency with the Plaintiff.

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