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(영문) 서울중앙지방법원 2016.11.08 2016가합856
계약불이행 손해배상
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The status of the parties is a corporation established for the purpose of real estate sale and lease, and the Plaintiff is a corporation that leased a building for the purpose of warehouse use from the Defendant and engaged in warehouse management, cargo storage, etc.

B. On August 25, 2013, the Plaintiff and the Defendant entered into a lease agreement with the Plaintiff and the Defendant, the third-story warehouse building (1,075 square meters, hereinafter “instant building”) on the ground of the 701st floor 3rd floor located in the Gopo-si, Gopo-si, Gopo-si

(3) As to the term of lease, ① each lease contract (hereinafter referred to as “instant contract”) shall be set as KRW 33,110,000 per month from August 26, 2013 to August 25, 2016, ② lease deposit of KRW 330,000, ③ in the case of rent of KRW 33,110,00 per month until December 31, 2014 after the contract was concluded, and KRW 37,625,00 per month from January 1, 2015 to the expiration of the contract (excluding surtax).

Article 6 (Prohibition of Claim for Premium, Assignment of Right, Sub-lease, etc.)

2. The defendant shall not transfer all or part of the leased object or the rights or obligations under this lease to a third party without the prior written consent of the plaintiff.

The defendant shall change the owner of the leased object, change of ownership, change of preservation or management relations, and cause the same cause during the term of this lease.

The terms and conditions of this Agreement shall ensure that new managers or owners of leased articles are legally bound.

The defendant shall notify the plaintiff in advance when there is a change in the ownership, preservation or management relationship.

Article 10 (Compensation for Damages)

1. The defendant shall compensate the plaintiff for damages caused by the plaintiff's intentional, negligent, or breach of the duty of trust and good faith in performing the work under this contract.

Provided, That natural disasters, wars, riots, and other force majeure causes not controlled by the parties concerned, where damage to the plaintiff is incurred shall be excluded.

Article 14 (Termination of Contract) This contract shall be terminated in any of the following cases:

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