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(영문) 광주지방법원 2015.11.27 2015가합1323

임대차보증금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 30, 2008, the Plaintiff, a corporation established for wholesale and retail business of agricultural and livestock products, entered into a lease agreement with the Defendant on the attached real estate owned by the Defendant (hereinafter “instant store”) with a deposit of KRW 100,000,00, monthly rent of KRW 9,500,000 ( separate amount of value-added tax of KRW 950,000), from May 25, 2008 to April 25, 201 (hereinafter “instant lease agreement”), and leased the instant store (hereinafter “instant lease agreement”), from June 5, 2008 to June 4, 201).

B. In the instant lease agreement, when the lessee has failed to pay monthly rent to the lessee three times or more, when the lessee sub-leases the leased object to a third party without the lessor’s consent, the lessee, when the lessee has altered or damaged the structure of the leased object without the lessor’s permission, when the lessee used the leased object to be used for the purpose of the building register, when the lessee has defaulted, or when the lessee was declared bankrupt, etc., the lessor may terminate the instant lease agreement.

B. The Plaintiff paid to the Defendant KRW 100,00,000 on the day of the contract as a security deposit under the instant lease agreement, and KRW 100,00,000 on August 5, 2008.

C. On June 5, 2008, the Plaintiff opened the instant stores with the trade name “C” (hereinafter “instant stores”). The instant stores are classified into meat stores (hereinafter “instant meat stores”) and restaurants (hereinafter “instant restaurants”). The instant meat stores were reported in the name of the Plaintiff on June 3, 2008, and the instant restaurant was registered in the name of D on June 2, 2008, and thereafter the instant meat stores were registered in the name of E on February 12, 2009.

The defendant against the plaintiff and the non-party D.