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(영문) 수원지방법원안산지원 2017.06.27 2016가단55684

임대차보증금반환등

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1. All claims filed by the Plaintiff (Counterclaim Defendant) are dismissed.

2. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The following facts do not conflict between the parties, or may be acknowledged in full view of the purport of the entire pleadings in the statement No. 1.

The plaintiffs, as a father-child relationship, are those who operate the Deputy Director of the Automobile Team (the plaintiff A seems to operate business in the name of the plaintiff B), and the defendant is those who are engaged in the sale of cars and the repair of cars in the trade name of "G" from the luminous time D, E, and F (attached Form 3; hereinafter referred to as "D land").

B. On March 1, 2015, Plaintiff B, the lessee, and the Defendant, as the lessor, entered into a lease agreement with the following: (a) land located in D; (b) “The Deputy Head of S Team Affairs in G”; (c) deposit amount of KRW 10 million (payment on February 24, 2015); and (d) monthly rent of KRW 1.6 million (payment on February 30, 2015).

(hereinafter referred to as the above, a lease agreement entered into between the plaintiffs and the defendant shall be referred to as the “instant lease agreement.”

The main contents of the instant lease agreement are as follows.

Article 2 The lessor shall deliver the leased object to the lessee by March 1, 2015, with the condition that the lessee can use and take profits from the leased object for the purpose of the lease, and the lease period shall be 24 months from the date of delivery.

Article 4 If the lessee fails to pay the rent for three months, the lessor may terminate the lease contract.

Special Agreement Matters: laundry machine, high voltager, cleaning machine

1. The monthly rent shall be 1.6 million won from the date of delivery of the leased object.

4. The facilities for the Deputy Team Director shall substitute for on-site visits to the current facilities;

8. A sub-lease contract shall be made in the current state of the facility and shall be restored to its original state upon the expiration of the period for sub-lease.

9. The third secretary general of the motor vehicle-related facilities shall be responsible for any civil petition arising from the third secretary general of the S Team;

The Plaintiffs are stipulated in the instant lease agreement to the Defendant.