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(영문) 서울중앙지방법원 2017.11.29 2017나17282
손해배상
Text

1. The plaintiff's appeal is all 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 December 28, 2012, the Plaintiff leased, from Defendant B, the entire three floors of the FF building in Sinpo City (hereinafter “instant commercial building”) from Defendant B during the term of the lease deposit of KRW 30 million and the term of the contract from December 27, 2012 to December 27, 2014, the Plaintiff leased the lease deposit of KRW 30 million.

(hereinafter “instant lease agreement”). On December 28, 2012, the Plaintiff lent KRW 30 million to D for business purposes in the instant commercial building to D, and the Plaintiff was directly a party to the instant lease agreement for the purpose of securing the said loan.

At the time of the instant lease agreement, the Plaintiff and Defendant B set the monthly rent at KRW 3.5 million, and the Plaintiff and Defendant B agreed to bear the said monthly rent at KRW 3.5 million.

B. At the time of the instant lease agreement, the term “if a lessee fails to pay rent more than twice, the lessor may immediately terminate the instant lease, and if the lease contract is terminated, the lessee shall restore the leased real estate to its original state and return it to the lessor.”

C. D and G have operated a massage place in the instant commercial building from January 9, 2013 to January 20, 2014.

D and G around January 9, 2013, a written statement stating that the Plaintiff would delay the interest on the loan to the Plaintiff for not less than two months, or that the Plaintiff would waive all rights, such as the right to operate the place of business in the instant store, if the rent under the instant contract is not paid twice.

D and G paid only 14 million won corresponding to the rent for a period of four months after the lease contract of this case, but did not pay the subsequent rent.

E. On September 23, 2013, Defendant B sent a content-certified mail to the Plaintiff stating that “In the event that the delinquency in rent continues, Defendant B shall deliver the instant commercial building by September 30, 2013, and implement the legal procedure on the removal and evacuation of the defective price.”

F. Defendant B on February 28, 2014

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