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(영문) 광주지방법원 2015.10.30 2014나13187

건물명도 등

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. Basic facts

A. On July 11, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant A with respect to the instant building with a view to KRW 50 million, monthly rent of KRW 3 million (payment on July 11), and the period from July 11, 2013 to June 15, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”). Defendant A’s meat stores and restaurant goods (hereinafter “the instant settlement agreement”) with respect to the instant building after the term of the contract expires, and restored to the original state, and HACCP needs for restoration from the instant settlement agreement.

Biological, chemical and physical hazards in each stage from the production of raw materials of food to the end consumer's intake standards;

A sanitary management system to prevent mixing or contamination with the relevant food. At all times, the certification was maintained, and an agreement was made to compensate for the restoration to original state or the amount of personal injury upon extinguishment (hereinafter referred to as “instant agreement”).

Defendant B guaranteed the Plaintiff’s performance of the obligations under the instant arrangement.

B. On July 19, 2013, when Defendant A opened and operated a restaurant with the trade name of D in the instant building, Defendant A did not pay as from October 12, 2013 if the Plaintiff suffered losses, such as the Plaintiff’s repair cost, etc. of the instant house because the instant house was not opened and operated, due to the Plaintiff’s failure to repair the instant house.

C. On July 21, 2014, the Plaintiff terminated the instant lease agreement on the grounds that Defendant A did not pay the rent from October 2013, 2014, and notified the Plaintiff that the instant building was delivered to the Plaintiff, and that the difference between the Plaintiff and the unpaid rent, etc. was returned from the lease deposit.

On November 13, 2014, Defendant A notified the Plaintiff of the closure of the restaurant business and the delivery of the instant building, and then closed the said restaurant on November 15, 2014, and carried out the instant building.

E. At the time of the conclusion of the instant lease agreement, the remainder of the certification period was six months.