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(영문) 광주지방법원목포지원 2020.05.20 2019가단53069

임대차보증금

Text

1. The Defendant’s KRW 60,000,000 as well as the annual rate of KRW 5% from March 1, 2019 to June 20, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. On October 1, 2012, the Plaintiff entered into a contract with the Defendant on the lease of the entire parts of the Defendant’s vehicle maintenance project site and the third deputy head, located in the Seoul metropolitan area, and the lease deposit amount is KRW 33,00,000, monthly rent of KRW 2,400,000, and the lease term is from October 1, 2012 to September 30, 202, and “it appears that D Defendant’s automobile maintenance project site is referred to. The equipment and tools necessary for vehicle maintenance are all within the Plaintiff’s contract term, and the Defendant’s acquisition after depreciation of the term of use for all facilities invested by the Defendant during the Plaintiff’s violation of the contract is stipulated under a special agreement.”

B. On February 28, 2017, the Plaintiff asserted that the object of the instant lease agreement is the land of the instant store, as seen below, as the Sejong Deputy Director and the Indian shop located in Sinpo City E, as follows. As to the object of the instant lease agreement, the Defendant is the land of the instant store.

In concluding a contract to lease a part 90 square meters (hereinafter “instant lease contract”) (hereinafter “instant store”), the special agreement stipulates that “The lease deposit shall be KRW 60,000,000, the lease term shall be KRW 24 months from March 1, 2017, and “the Plaintiff shall not immediately order the Defendant to order the store and claim for the premium for a pre-sale store if the renewal contract is not made at the expiration of the contract term.”

C. On November 29, 2018, the Plaintiff sent to the Defendant’s representative director F a certificate stating that “The expiration date of the instant lease is February 28, 2019; however, the Defendant requires renewal of the commercial building lease contract as it considers it necessary in light of all the investment costs, such as construction costs and interior.”

On November 30, 2018, F has given the lessor’s consent or consent to the instant store that the Plaintiff had decided to operate directly at the beginning.