beta
(영문) 제주지방법원 2015.08.05 2015나14

보증금반환

Text

1.The judgment of the first instance shall be modified as follows:

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is the Plaintiff (Counterclaim Defendant) with KRW 30 million.

Reasons

1. Basic facts

A. On July 23, 2013, C and D agreed to establish the Plaintiff to run a fish farming business and enter into a lease agreement with the Defendant on July 23, 2013, setting the lease deposit amount of KRW 50 million, annual rent of KRW 50 million, annual rent of KRW 50 million, and the period of July 23, 2014 (hereinafter “instant lease agreement”) to lease all the property rights related to fish farms, including the ground, buildings, structures, and machinery thereof, as well as the fish farms, from the Defendant on July 23, 2013.

B. After that, the Plaintiff was established on August 1, 2013, and the Plaintiff as the lessee between the Defendant and the lessee on August 6, 2013.

Preparation of a lease agreement on the object, lease period, security deposit, and annual rental contract as stated in the subsection, and its main text

Details are as follows:

The object of the lease contract, the lease deposit, the annual rent, and the lease period shall be above A.

same content as that of paragraph

2. Where the lease contract is terminated under Article 3 of the terms and conditions of the contract, the lessee shall restore the fishing ground of this case to its original state and deliver it to the lessor, and the lessor shall return the deposit to the lessee;

Article 4 (Non-performance of Obligations and Compensation for Damages) If a lessee or a lessor has failed to perform any of the terms and conditions of this Agreement, the other party may terminate the contract by giving written notice to the person who has failed to perform.

In addition, the parties to the contract can claim damages against the other party for the termination of the contract.

3. Matters of the special agreement;

(a) The lessor shall complete the construction work by consulting with the lessee by the expenses and effort of the lessor by August 20, 2013, with respect to reinforcement works on the roof of the aquaculture (such as the installation of a water network, etc.);

(b) A lessor shall grant a tenant a license for cultivation business necessary to operate a fish farm, amend a contract for the use of electric power at the Han River, and conduct administrative affairs, such as disaster insurance;