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(영문) 서울북부지방법원 2014.03.20 2013가단956
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts without dispute;

A. On November 1, 2010, the Plaintiff entered into a lease agreement with the Defendant and the Seongdong-gu Seoul Metropolitan Government on the lease of the first floor (hereinafter “instant real estate”) with respect to the building on the ground of 228-1, Seongdong-dong, Seongdong-gu, Seoul (hereinafter “instant real estate”). From November 1, 2010 to October 31, 201, the term of the lease was determined as KRW 10 million, the deposit amount of KRW 10 million, and the monthly rent of KRW 8.5 million (Additional tax).

B. After that, on September 30, 201, the Plaintiff amended the said lease agreement by setting the lease period from November 1, 2011 to October 31, 201, as the deposit amount of KRW 100 million, and monthly rent of KRW 14 million (excluding surtax) with respect to the instant real estate.

(hereinafter “instant lease agreement”). 2. Determination on the Plaintiff’s claim

A. While the Plaintiff asserted that the Plaintiff leased and used the instant real estate, the Plaintiff and the Defendant agreed to change the lessee to a new lessee who will rent the instant real estate under the same conditions as the instant lease agreement.

Accordingly, the Plaintiff sought a new lessee the (main) Coco Trust and the (main) L&C as a new lessee, and the said new lessee agreed to lease the instant real estate under the same conditions as the instant lease agreement.

Accordingly, although the Plaintiff removed the Plaintiff’s facilities installed in the instant real estate, the Defendant refused to enter into a lease agreement with respect to the instant real estate and thus, the said new lessee (State) and S&C did not enter into a lease agreement with respect to the instant real estate.

Therefore, the Plaintiff was unable to use the instant real estate entirely for six months from May 1, 2012 to October 31, 2012 by removing the facilities installed in the instant real estate according to an agreement with the Defendant. The Defendant, including the value-added tax, is obligated to return to the Plaintiff the sum of KRW 92,40,000,000,000, which is the monthly rent for the said six months.

B. First of all, determination.

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