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(영문) 대구지방법원 서부지원 2018.11.27 2017가단15304

임대차보증금반환등

Text

1. The defendant shall be the plaintiff.

A. At the same time, KRW 9,936,867 is to receive real estate stated in the separate sheet from the Plaintiff.

Reasons

1. The facts subsequent to the facts of recognition do not conflict between the parties, or can be acknowledged by taking into account the following facts: Gap evidence Nos. 1, 2, 3, 5, 6, 7, 10 to 14, Eul evidence Nos. 1, 2, 3, 5, 6, and 7 (which include the serial numbers; hereinafter the same shall apply) or images; the inquiry and reply to the Korea Electric Power Corporation's branch offices in Seogugu, the whole purport of the arguments.

On August 26, 2013, the Defendant leased the leased deposit amount of KRW 20,00,000, monthly rent of KRW 50,000, and the lease term of KRW 50,000 from September 2, 2013 to September 2, 2018 to the Plaintiff, as indicated in the attached list (hereinafter “instant restaurant”), such as the restaurant, kitchen, etc., among the buildings of Daegu-gu mentment Group C mentmen’s Cmentmen, Cmentves of stone, ice Broke roof, and the part of the attached list (hereinafter “instant restaurant”).

(hereinafter “instant lease.” The Plaintiff agreed to restore the leased object to its original state at the time of termination of the instant lease agreement, and the electricity fee for the said building was to be borne by the Plaintiff.

B. From around that time, the Plaintiff started the restaurant business with the name of “E” in the instant restaurant along with wife D.

C. On September 1, 2015, the Plaintiff and the Defendant agreed to separate the electric circuits from the electric power lines, and instead, to raise the rent of KRW 1,000,000 per month for the instant lease agreement.

Around May 2016, the Plaintiff proposed that the instant restaurant will be responsible for construction, and that the Defendant engaged in construction business with the trade name of “F,” and issued a written estimate of KRW 15,118,000 (value-added tax separate) to the Plaintiff on May 22, 2016, and performed construction works, such as removal of the roof, walls, etc., strings installation, sales panel, electricity, sunlight, string, ceiling, etc. (hereinafter “instant construction works”).

Since then, the Defendant issued a tax invoice of KRW 16,629,80, including value-added tax, to the Plaintiff, and the Plaintiff affixed the said tax invoice.

E. The Plaintiff shall pay KRW 10,000,000 to the Defendant for the said construction cost.