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(영문) 대구지방법원김천지원 2015.12.10 2015가단5541
임대차보증금
Text

1. The Defendant’s KRW 23,11,286 as well as 5% per annum from July 10, 2015 to December 10, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 28, 2014, the Plaintiff entered into a real estate lease agreement (hereinafter referred to as “instant lease agreement”) between the Defendant and the Defendant, setting the deposit amount of 30 million won in the Gu-U.S. Si owned by the Defendant, KRW 500,000 per month, and the lease period from April 1, 2014 to April 1, 2019, and thereafter operated a childcare center.

B. In concluding the instant lease agreement, the Plaintiff agreed that “the name of the representative of a child-care center shall be the defendant as in the previous one, the operation of the facility shall be managed by the Plaintiff, and the four-party insurance by the representative (Defendant) shall be borne by the Plaintiff.”

C. On April 10, 2014, D, an existing operator of the above child care center, prepared and issued a written confirmation as follows to the Plaintiff and the Defendant:

(hereinafter “instant confirmation”) 1. Operation Period: The illegal operation of E childcare center D from February 28 to April 8, 2014

1. Illegal matters;

(a) A false facility site registration case;

(b) Infant care provided at other child-care centers whose time extension is extended, and subsidies provided at the child-care center;

(c) Where infant care teachers are falsely registered;

D. Since illegal operation is discovered in the public audit as above, such as the case of child-care center establishment in the capacity of the head of DC facilities, D will compensate not only for civil and criminal liability and penalty surcharges, but also for the measures of the public audit results during the operation period, as follows:

E If a child-care center is closed;

1. The head of the facility (referred to as the “Plaintiff” in this case) compensates the existing facility cost (such as school equipment, teaching materials, and other equipment) 30,000 won, the number of children for three months, etc.

(Payment to the head of the facility at the time of the closure of the childcare center, and the facility costs and one vehicle for children's protection registered in the childcare center at the center shall be owned D).

2. The representative (referred to as the "defendant" in this case) shall compensate for the expenses of power of representation (30 million won) and the expenses of child-care center facilities (50 million won).

E Where measures are taken to close a childcare center:

1.D shall pay in full a penalty surcharge.

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