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(영문) 서울서부지방법원 2021.02.04 2020나46797
청구이의
Text

The plaintiffs' appeal is dismissed.

The costs of appeal are assessed against the plaintiffs.

The purport of the claim and the purport of the appeal shall be the first instance.

Reasons

1. Basic facts

A. On October 2017, the Plaintiffs entered into a lease agreement with the Defendant to lease part of the first and second underground floors of J hotel located in Mapo-gu Seoul Metropolitan Government (hereinafter “instant real estate”) KRW 1 billion, monthly rent of KRW 38 billion, and the term of lease from November 1, 2017 to October 31, 2020 (hereinafter “the instant lease agreement”). From the instant real estate to K, the Plaintiffs operated a entertainment drinking point with the trade name of K.

B. On September 17, 2018, the settlement was concluded between the Plaintiffs and the Defendant as Seoul Western District Court No. 519, Seoul Western District Court Decision 2018, and the settlement protocol (hereinafter “the settlement protocol of this case”) was prepared. Of which the contents relating to this case are as follows.

Reconciliation Clause

7. A. The Defendant, when the monthly overdue rent of the Plaintiffs reaches the three-year overdue rent, shall notify the Plaintiffs to pay the overdue rent, and when the Plaintiffs fail to pay the overdue rent in full within seven days after the above peremptory notice, the Defendant may terminate the instant lease contract.

B. In the case of the above paragraph (a) above, the plaintiffs shall immediately issue an order on the real estate of this case to the defendant, and the defendant shall return to the plaintiffs the amount in arrears with the lease deposit of one billion won and the balance calculated by deducting the amount in arrears with the lease deposit of one billion won, the late payment charges, the debts belonging to the plaintiffs, and the expenses, within 30 days after receiving an order from

11. The plaintiffs cannot claim against the defendant any grounds regardless of premium, facility cost, beneficial cost, necessary cost, and all other money arising from their facilities and business activities invested for the plaintiffs' business, and shall not claim against the defendant. They shall waive all of them with the termination of the contract term due to the expiration or termination of the contract term of this case.

Provided, That in the case of premiums, the opportunity for collecting premiums of the plaintiffs shall be guaranteed pursuant to the provisions of Article 10-4 of the Protection of Commercial Building Lease Act.

(c)

The Plaintiffs on 2019.

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