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(영문) 대구지방법원 2016.10.13 2015가합3185

임대차보증금

Text

1. The Plaintiff (Counterclaim Defendant) Co., Ltd. and the Defendant (Counterclaim Plaintiff Co., Ltd.) Co., Ltd. are 83,54,206 won and the Defendant (Counterclaim Plaintiff) Co., Ltd.

Reasons

A principal lawsuit and a counterclaim shall be deemed to be combined.

1. Basic facts

A. The Plaintiff is a lessee who entered into a lease agreement with the Defendants, and the Defendants are the owners of leased objects, as the representative D operates.

B. On October 17, 2014, the Plaintiff entered into a lease agreement with the Defendant Co., Ltd. with the effect that the Plaintiff will succeed to the right to permit waste recycling, ② the lease agreement between the Defendant Co., Ltd. and the Plaintiff on the land and all manufacturing equipment in the Defendant Co., Ltd., Ltd. (hereinafter “instant factory”) for the period of 130,000,000 won, monthly rent of 14,000,000 won (Provided, That for the purpose of supplementing facilities, the amount of KRW 1,00,000,000 for two months), the lease period from October 20, 2014 to October 19, 2016; ② the lease agreement between the Plaintiff Co., Ltd. and the Defendant Co., Ltd., Ltd. for the period of 0,000,000 won to install and supplement the facilities; and ② the lease agreement between the Plaintiff Co., Ltd. and the Defendant Co., Ltd. for the period of 00,200,1000.

C. On the other hand, on October 1, 2014, Defendant B ordered the installation of a pulver in the instant factory to Nonparty H, and the said pulver was installed in the instant factory on December 16, 2014, and the said pulver was not re- installed since it became a fire that occurred on March 25, 2015.

On January 16, 2015, the Plaintiff requested the Defendants to compensate for damages for delay in repair of the crushing machine by sending facsimile. A certificate of content that the Plaintiff is unable to operate a factory due to defects in crushing, crushinging, and compressing machines on April 22, 2015, on August 11, 2015, “(i) the violation of the date of installation of the crushing machine, ② the installation of a crushing machine that is not capable of performing its function, and ③ the installation of a gresh season.”