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(영문) 수원지방법원 2015.08.12 2014나41640

건물명도 등

Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) on the principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be principal lawsuit and counterclaim.

Reasons

1. Basic facts

A. On August 27, 2012, the Plaintiff entered into a lease agreement with the Defendant by setting the lease deposit amount of KRW 25 million, monthly rent of KRW 1.8 million (in the case of each of the instant real estate, the payment of KRW 10 million on September 15, 2012) and the term of lease from September 15, 2012 to July 15, 2014.

(hereinafter “instant lease agreement”). B.

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

Where a lease contract is terminated, the lessee shall restore the above real estate to its original state and return it to the lessor.

In such cases, the lessor shall return the deposit to the lessee, and if the rent in arrears or damages are paid, he/she shall remove it and refund the balance.

Article 6 If the lessee fails to pay monthly rent at least twice, the lessor may terminate the lease contract.

Matters of special agreement

1. A contract is made in the present state of the facility after confirming the visit by the lessor. 3. At the end of the business, the lessee does not claim facility costs and key money to the lessor, and the lessor does not accept the facility costs and key money at the time of the contract.

Provided, That the succession of rights to other tenants shall be the key to permission.

5. As regards G, when a fine for negligence arises, the lessee shall be liable and liable to him and the contract shall be concluded.

C. At the time of the instant lease agreement, the Defendant paid KRW 10 million out of the lease deposit to the Plaintiff, and received delivery from the Plaintiff of each of the instant real estate from the Plaintiff and operated a restaurant with the trade name “E” from that time.

The Plaintiff did not pay to the Defendant the remainder of KRW 15 million and the monthly rent for May, 2013, as well as for June, 2013. If the Defendant does not pay the Defendant the deposit amount of KRW 15 million by August 16, 2013 and the overdue rent by August 16, 2013, the lease contract will be terminated.

‘A certificate of content' was sent to the defendant at that time, and the content certificate was delivered to the defendant.

E. The defendant is thereafter.