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(영문) 서울동부지방법원 2019.03.29 2018가단116232
상가인도 등
Text

1. The Defendant (Counterclaim Plaintiff) is from 10,000,000 to 16, 2010 to 10,000 won from the Plaintiff (Counterclaim Defendant) on the attached list from February 16, 2019.

Reasons

1. Facts of recognition;

A. On March 19, 2010, the Plaintiff entered into a lease agreement with the Defendant under which the buildings listed in the separate sheet (hereinafter “instant building”) were leased KRW 10,00,000, KRW 700,000 per month of rent (including value-added tax; hereinafter the same shall apply) and the lease period from March 19, 2010 to March 18, 2012 (hereinafter the “instant lease agreement”).

The Defendant paid the lease deposit to the Plaintiff and operated a laundry by receiving delivery of the instant building.

B. Since March 19, 2012, the Plaintiff and the Defendant concluded a renewal contract with the period from March 19, 2012 to March 18, 2014; the renewal contract with the period from March 19, 2012 to March 18, 2014; the period from March 14, 2014 to March 18, 2016; the renewal contract with the period from March 18, 2014 to March 17, 2016; and the monthly rent 1,100,00,000, and the period from March 18, 2016 to March 17, 2018.

C. On December 14, 2017, the Plaintiff sent to the Defendant a content-certified mail stating that “The Plaintiff did not intend to extend the instant lease agreement any longer, and thus, returned the instant building to its original state and deliver it to the original state until March 17, 2018, the contract expires.”

On February 12, 2018, the Defendant sent to the Plaintiff a letter verifying the content of “I wishing to recover the premium by seeking a new lessee after the future, I fully know that the Plaintiff is responsible for the occurrence of the Defendant’s loss of collecting the premium due to the Plaintiff’s non-Cooperation, and, on February 23, 2018, I knew that I would be able to engage in business with the knowledge that the contract will be renewed if the Plaintiff did not reply by February 23, 2018.”

E. On February 14, 2018, the Plaintiff sent to the Defendant a new content-certified mail seeking delivery of the instant building until March 17, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 10 (including additional number), the purport of the whole pleadings

2. According to the facts of the judgment on the Plaintiff’s main claim, the instant lease agreement was concluded on March 17, 2018.

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