임차보증금 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts may be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1, 2, and Eul evidence No. 1 through 7, unless there is a dispute between the parties or in full view of the purport of the whole pleadings:
원고는 2014. 2. 10. 피고로부터 창원시 진해구 C건물지하1층 D 목욕탕의 일부를 보증금 5,000,000원에 임차하여 쑥뜸방 영업을 하면서 피고와 사이에 부득이한 사정이 있으면 계약기간 만료 전이라도 1개월 전에 상대방에게 통보하고 계약을 해지할 수 있는 것으로 약정하였다.
B. On June 18, 2014, the Defendant decided to install new facilities after removing the existing facilities, and notified individually the lessees of the above D building and announced the removal individually. On July 9, 2014, the Defendant concluded a contract with the construction period from July 28, 2014 to September 30, 2014 by setting the removal work period from July 28, 2014 to September 30, 2014.
다. 그러나 원고는 공사완료 후에도 영업의 계속을 보장해주거나 보상금 30,000,000원을 지급할 것을 요구하며 임차건물의 인도를 거부하였고, 이에 피고는 2014. 8. 중순경 원고의 쑥뜸방에 있던 집기비품을 지하세탁실 창고로 옮겨 보관한 다음 철거공사를 진행하였다.
2. The Plaintiff’s assertion and judgment asserted that, as the Defendant arbitrarily transferred and stored the house fixtures in the Plaintiff’s store to the warehouse of the laundry room, some equipment was lost or damaged, and that the Defendant failed to conduct its business for the last six months, the Plaintiff claimed against the Defendant for payment of KRW 34,814,00 in total, including the repair cost of the house fixtures, KRW 17,345,000, KRW 14,469,000, KRW 3,000, and KRW 34,814,000.
Therefore, as to whether the defendant's transfer of the goods in the plaintiff's store to the storage of the laundry room is illegal, the health care provider has notified the plaintiff one month prior to the expiration of the contract term and agreed that the contract may be terminated even before the expiration of the contract term.