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(영문) 인천지방법원 2019.10.01 2018나7115
상가임대보증금반환
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On January 31, 2013, the Plaintiff and the Defendant entered into a commercial building lease agreement with respect to the building D (hereinafter “instant commercial building”). On January 29, 2016, the said lease agreement was explicitly renewed, and the Plaintiff entered into a new commercial building lease agreement (hereinafter “instant lease agreement”) with the following content.

[Article 1] The lease term: Between February 1, 2016, and January 31, 2021, the lessor may terminate this contract without delay in the event that the rent within the lease term is three-year overdues, and the lessee shall immediately order the lessor to order the present building.

[Article 3] Monthly Rent 90,000 won: Provided, That instead of raising a rent for five years, the lessee shall pay the rent for five years in good faith at the end of each month, and in any case, he/she shall pay the rent.

[Article 7] When the contract is terminated or terminated within the contract period, the person who is responsible for the cancellation shall pay the rent for the three-year period as damages.

B. On December 20, 2017, the Plaintiff sent the notice of termination of the instant lease agreement to the Defendant with content-certified mail, stating that “The Plaintiff strongly demanded the lessor to set a half of the rent for the purpose of making a reduction in sales, a reduction in the amount of rent, a reduction in the amount of rent for the lessor’s loss caused by the game of the class of society, the loss of the tobacco sales right, which is a condition for the lease contract, the loss of the right to sell tobacco, the subsequent loss caused by the same type of business, and the rental period. However, the lessor rejected the lease, but the lessor discontinued his/her business due to difficult circumstances

C. Around January 3, 2018, the Defendant stipulated that a five-year request for the term of the lease was made at the request of a tenant and in any case, payment of the rent was made. In this context, there is no item to maintain tobacco rights. Since the closure of business due to the deterioration of management and changes in surrounding circumstances is a risk of business and trade with a new next shop, there is no cause attributable to the lessor.

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