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(영문) 서울중앙지방법원 2019.08.22 2018가합584433
손해배상 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

C On April 3, 2015, D Co., Ltd. (hereinafter referred to as “D”, and in the case of a stock company, the entry of the stock company is omitted) and the lease contract was concluded between April 3, 2015 to November 10, 2017 with respect to the lease deposit amount of KRW 198,000,000, monthly rent of KRW 17,846,400 (the lease deposit and rent of KRW 17,846,40,00 (the value-added tax is separate; hereinafter the same shall apply).

On June 10, 2016, the Plaintiff entered into a contract with C for the transfer and acquisition of facilities on the leased object, and succeeded to the status of a lessee under the said lease agreement with D on August 18, 2016. On the same day, the Plaintiff entered into a contract with D to change the contents of the said lease into a contract with D to KRW 1,992.64 square meters of the leased object size, from August 19, 2016 to November 10, 2017, the lease deposit amount of KRW 207,953,000, monthly rent of KRW 18,744,000.

(2) The Plaintiff acquired ownership of the instant building on May 31, 2018 and succeeded to the lessor’s status under the instant lease agreement by acquiring ownership of the instant building on May 31, 2018. The Plaintiff consented to the said succession by the Defendant around that time.

F delegated the management of the instant building by the Defendant around June 7, 2018, notified the Plaintiff to pay KRW 21,492,460,00 in total, and thereafter, F notified the Plaintiff to pay KRW 20,618,40 in total, including the rent for July 3, 2018, and around August 1, 2018, F notified the Plaintiff to pay KRW 26,50,170 in total, including the management fee for July 2018 and the rent for August 2018.

Nevertheless, as the Plaintiff did not pay rent and other management expenses, F would terminate the instant lease contract as of August 31, 2018 on the ground that the Plaintiff did not pay rent and other management expenses for three months on August 20, 2018.

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