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(영문) 부산지방법원 2016.08.10 2015가단209848

임대차보증금

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1. The Defendant’s KRW 15,662,50 for the Plaintiff and KRW 5% per annum from March 31, 2015 to August 10, 2016.

Reasons

1. Facts of recognition;

A. On April 22, 2014, the Plaintiff entered into a lease agreement with the Defendant on April 22, 2014 with respect to the fourth floor of the 9th floor building of Kimhae-si C neighborhood living facilities (hereinafter “instant leased real estate”) of KRW 50 million (the remainder of KRW 5,000,000 when entering into a contract, the remainder of KRW 45,000,000, and each payment on April 30, 2014), monthly rent KRW 3,300,000, and the term of lease from April 30, 2014 to April 29, 2019, and entered into a lease agreement with the following special agreement.

The rent is separate from value-added tax, and the separate amount for management expenses (the monthly rent for the business of changing the use of the fourth floor) shall be paid without compensation for five months from the date of the balance, and the monthly rent after five months shall be paid in advance.

The necessary volume of electricity shall be 155 kw within the building.

When the above conditions are not satisfied, the contract shall be null and void.

Humanism is irrelevant to lessors.

The change of the use of the fourth floor shall take place at KRW 2 million with the changed cost and shall be paid by the lessor.

Provided, That the contract may be invalidated at the time of additional costs of at least two million won.

B. Around May 2014, the Plaintiff received delivery of the instant building for interior works, and paid in full the remainder on May 31, 2014, and the Plaintiff and the Defendant changed the monthly rent commencement date of the instant lease agreement to June 1, 2014.

C. After the conclusion of the instant lease agreement, the Plaintiff’s father demanded the Defendant to terminate the instant lease agreement on August 2014, when the franchise store agreement between the Plaintiff and the head office was nonexistent, and the Defendant stated the damages incurred when the instant lease agreement was destroyed, and urged the Plaintiff to implement the instant lease agreement on November 2014.

On February 17, 2015, the Defendant notified the Plaintiff that the instant lease contract was terminated as of February 15, 2015 on the grounds that the lessee’s failure to perform the contract and intent to terminate the contract. The Plaintiff also notified the Plaintiff that the instant lease contract was terminated on February 15, 2015 through proof of the content on February 26, 2015.