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(영문) 대구지방법원 2018.11.28 2018가단2063
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 30, 2013, C, the Plaintiff and the Plaintiff’s spouse, purchased real estate indicated in the attached Form, and the former owner succeeded to the lessor’s status of a lease agreement that leases the portion of “A” (hereinafter “instant building”) that was connected in turn to D among the two floors of the real estate indicated in the attached Form No. 1, 2, 8, 9, 6, 7, and 1, with the following content:

- The date of concluding a lease contract: - the lease deposit - the lease deposit - the lease deposit - the lease period: 70,000 won per month until September 5, 2016 (However, at the time of succession to the status of the said lessor, the Plaintiff, C and D agreed to increase the lease amount to KRW 1,00,000 per month from September 5, 2013. B.D following the conclusion of the said lease contract, with the trade name “E” (hereinafter referred to as “instant main store”).

(C) The Defendant operated the instant building. Around December 19, 2013, the mother, in the name of F, entered into a contract with D to acquire the instant main points and goodwill KRW 87 million in premium. D. The Plaintiff entered into a lease agreement with the Defendant on December 2, 2013 with respect to the instant building as follows: (a) lease deposit: KRW 20 million in rent - KRW 1 million in rent: from April 30, 2013 to September 5, 2016; (b) from April 30, 2013 to September 5, 2016, the date the Plaintiff and C acquired the ownership of real estate indicated in the attached real estate:

A person shall be appointed.

E. On January 6, 2014, the Defendant paid the lease deposit amount of KRW 20 million to D, and issued a receipt for the lease deposit received from D to the Plaintiff.

F. On May 11, 2016, May 23, 2016, and August 26, 2016, the Plaintiff and C notified the Defendant that they refuse to renew the lease contract after September 5, 2016, which is the expiration date of the lease contract on the instant building, on three occasions in total.

G. On May 30, 2016, the Defendant concluded the said lease agreement with respect to the Plaintiff’s notice of refusal to renew the said renewal.

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