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(영문) 서울중앙지방법원 2018.11.28 2018나23833
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

Facts of recognition

On April 2016, the Plaintiff leased Jung-gu Seoul Special Metropolitan City B 105 (hereinafter “instant building”) KRW 20 million, KRW 1400,000 per month, management expenses (excluding additional tax), KRW 10,000 per month, and the lease term from around that time to April 25, 2017. On the grounds of the Plaintiff’s reasons, around the end of 2016, the Plaintiff sought a lessee to enter into a new lease contract with the lessee or the lessor to sublet the said building during the remaining lease term.

In November 2016, the Defendant had not been able to pay a security deposit or rent even if he/she rents a new building, such as delayed payment of rent and electricity in the Seoul Central-gu Seoul Central-gu Seoul Central-gu Seoul Central-Term Seoul Central-gu Seoul Central-gu Seoul Central-Term Seoul Central-gu Seoul Central-gu Seoul Central District-based Seoul Central-based Seoul Central-based District-based Seoul Central-based District-based Seoul Central District-based (hereinafter “Seoul Central-gu 1st).

Nevertheless, on December 21, 2016, the Defendant called the Plaintiff on December 21, 2016, and concluded a sub-lease contract with the Plaintiff, stating that “I want to use the office, I would want to use the office, pay monthly rent to the money coming from the following month after the first use, and when the Plaintiff’s contract term expires, I would directly enter into a contract with the lessor.”

The defendant was handed over the building of this case on the same day.

Although the Defendant did not intend to enter into a new lease agreement without notifying the Defendant of his personal information after moving into the building at all, the Plaintiff continued to request the Defendant to leave the building, and the Defendant promised to leave the building on April 20, 2017.

On April 20, 2017, the Plaintiff did not withdraw from the date the Defendant promised to do so, and then packages the Defendant’s goods.

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