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(영문) 서울중앙지방법원 2018.11.29 2017가단5205021
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. Around December 9, 2014, C entered into a contract with D on the transfer and takeover of rights with the content that the lessee status of Fho Lake (175.62m2m2, leased area 225.32m2m2, hereinafter “instant commercial building”) among the 12-story neighborhood living facilities buildings located in Yangcheon-gu Seoul Metropolitan Government (hereinafter “instant building”) owned by the Defendant from the said company (hereinafter “instant building”) was transferred to KRW 35,00,000 premium.

B. On December 12, 2014, C entered into a lease agreement with the Defendant with the terms of lease deposit of KRW 30,000,000 for the instant commercial building, KRW 4,200,00 for monthly rent of KRW 4,20,00 for monthly rent (the rent indicated separately from value-added tax; hereinafter the same shall apply) and the term of lease from December 12, 2014 to December 11, 2015, and the said agreement was explicitly renewed after the expiration of the term.

C. Around April 2016, C established the Plaintiff and was appointed as a representative director. On April 28, 2016, the Plaintiff entered into a lease agreement with the Defendant that succeeded to the status of lessee under the said lease agreement and the term of lease is until December 11, 2016.

In addition, on November 2, 2016, the Plaintiff renewed the said lease agreement between the Defendant with the lease deposit of KRW 30,000,000, monthly rent of KRW 4,410,000, and the lease term of KRW 4,410,00 from December 12, 2016 to December 11, 2017.

On August 31, 2017, the Plaintiff entered into a contract with G to transfer the right to the status of tenant of the instant commercial building to KRW 40,000,000 for the premium.

E. However, around September 19, 2017, the Defendant demanded G to KRW 6,148,000 as the monthly rent for the instant commercial building, and G rejected such demand and did not enter into a lease agreement between the Defendant and G.

F. On April 17, 2018, the Defendant entered into a lease agreement with H to the effect that the lease deposit amount of KRW 40,000,000, monthly rent of KRW 5,200,000, and the term of lease from June 10, 2018 to June 10, 2020.

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