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(영문) 울산지방법원 2020.10.22 2019나15403
손해배상(기)
Text

The plaintiff's appeal is dismissed in entirety.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. (1) On May 27, 2013, the Plaintiff leased the lease deposit of KRW 50 million, monthly rent of KRW 190,000 (including value-added tax; hereinafter the same shall apply), and the lease term of KRW 190,000 from June 15, 2013 to June 14, 2018.

(2) On June 15, 2013, the Plaintiff received the instant store from E, and thereafter operates a coffee store at the said store from that time.

(3) The Defendants succeeded to the lessor’s status as to the instant store by completing the registration of ownership transfer on August 14, 2013 following the purchase of the said building from E on June 16, 2013.

(4) Meanwhile, the Plaintiff, while maintaining the remaining terms and conditions of the above lease agreement with the Defendants, entered into a lease agreement with each of the Defendants to increase the lease amounting to KRW 290,000,000 per month on August 1, 2013, KRW 250,000 per month on August 1, 2015, and KRW 27 million on August 1, 2016, respectively (hereinafter “instant lease agreement”).

B. Around October 2017, the Plaintiff sought consent to transfer the right to lease to the Defendants’ stores of this case to a third party. The Defendants agreed to transfer the right to lease on the condition that a lease contract is concluded with a new lessee, a lease deposit of KRW 80 million, and a rent of KRW 4290,000 per month.

(2) After that, the Plaintiff was introduced to G as a new lessee of the instant store. Upon receiving G’s request, the Plaintiff requested the Defendants to reduce the rent by KRW 3.85 million per month, but was rejected, and again requested to reduce the rent by KRW 4.7 million per month.

(3) Accordingly, while accepting the deposit and rent required by the Defendants, the Plaintiff and G are as requested by G.

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