(영문) 서울중앙지방법원 2020.10.21 2019나76179

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(영문) 서울중앙지방법원 2020.10.21 2019나76179

손해배상(기)

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The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. Basic facts

A. On March 23, 1998, the Plaintiff leased the lease deposit amount of KRW 3,00,000, monthly rent of KRW 250,000, and from April 2, 1998 to April 2, 1999, the Plaintiff continued to renew the said lease contract by increasing the monthly rent of KRW 350,000 (finally, KRW 350,000).

B. On October 30, 2016, the Plaintiff and the Defendant extended the term of lease for the first floor of the instant building from October 30, 2016 to October 29, 2018. Meanwhile, the Plaintiff decided to additionally lease the instant building by setting the deposit deposit amount of KRW 3 million,00,000, monthly rent of KRW 300,000 during the said term of lease, as well as the monthly rent of KRW 30,000 during the said term of lease.

C. From March 1, 2018, the Plaintiff delayed payment of KRW 650,000,000 in total, monthly rent for the instant building from around March 1, 201, the Defendant expressed its intention to terminate the instant lease agreement.

The Plaintiff removed from the instant building on or around August 25, 2018, but did not notify the Defendant thereof.

The defendant filed a lawsuit against the plaintiff for the delivery of the building of this case and the payment of overdue rent, etc. (Seoul Central District Court 2019Kadan10154), but during the proceeding of the lawsuit, the plaintiff withdrawn the request for extradition with the knowledge of the fact that the plaintiff left the building of this case, and the above court rendered a judgment on June 24, 2020 that "the plaintiff would pay to the defendant 2,439,150 won after deducting the lease deposit from the overdue rent and the electricity rent on behalf of the defendant, and the above judgment became final and conclusive as it is.

[Ground of recognition] Unsatisfy, entry of Gap evidence 2, purport of whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion.

유사 판례

-서울중앙지방법원 2020.06.24 2019가단10154

-서울서부지방법원 2019.11.26 2019가단10036

-대구지방법원김천지원 2020.01.07 2019가단3529

-서울남부지방법원 2017.11.28 2016가단246040

-대구지방법원김천지원 2020.01.07 2019가단3529