(영문) 서울중앙지방법원 2015.04.08 2014가합546877

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2015.04.08 2014가합546877

손해배상(기)

Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

The summary of the case is the case where: (a) the Plaintiff entered into a partnership business agreement on the hotel main points leased by Defendant B; (b) the other party to the partnership business agreement and the Defendants, the guarantor; (c) the Defendants, who were aware that the hotel reconstruction at the time of the partnership business agreement would be carried out between them; (d) the Defendants, by actively and actively deceiving the Plaintiff, thereby causing losses to pay KRW 620 million in the investment cost; or (b) the Defendants, without prior consultation with the Plaintiff, caused losses to the Plaintiff by failing to perform any obligation or tort agreed upon by the number of leafletss; and (e) the Defendants were liable to pay KRW 100,000,000,000 to the Plaintiff as a half of the lease deposit pursuant to the termination of the partnership business agreement; and (e) claiming for payment of KRW 200,000 as a part of a claim for damages, etc.

In fact, on August 12, 2010, Defendant B entered into a lease agreement between Defendant B and the hotel bridge (hereinafter referred to as “ hotel bridge”) to lease the first floor of 546.6m2 (165.27m2) and the second floor below 250.00m2 (75.62m2) of the Mapo-gu Seoul Building as the lease term from October 1, 2010 to September 30, 2014, with the lease deposit amount of 20 million won, monthly rent of 330 million won (excluding value-added tax).

The relevant contents among them are as follows:

Article 16 (Cancellation and Termination of Contracts)

1. A lessor and a lessee (Defendant B) may cancel or terminate a main contract when any of the following causes occurs:

(3) In the event that it is necessary to operate a hotel or to remove a building on a long-term plan, such as construction, extension or other modification of the building, the termination of the contract is required due to the lessor's operating of the hotel, the performance of the public interest service, or the instruction of the authorities.

2.This Agreement shall be executed in accordance with sub-paragraphs 2 and 3.

유사 판례

-서울중앙지방법원 2018.01.12 2016가단5140165

-인천지방법원 2016.04.28 2011가합20757

-인천지방법원 2020.09.15 2019가합63095

-서울고등법원 2018.05.16 2017나2072547

-서울중앙지방법원 2018.12.14 2017가합573009