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(영문) 전주지방법원군산지원 2020.08.12 2019가단54120
보증금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s lease contract 1) On September 20, 2015, the Plaintiff’s building on the ground C (hereinafter “instant building”) from the Defendant in the following cities:

5,000,000 of security deposit, and 3,500,000 of monthly rent (value-added tax separate; hereinafter the same shall apply), among the 5 and 6 floors;

) A lease agreement is concluded between October 1, 2015 and 36 months (from October 1, 2015 until September 30, 2018) for the lease of management expenses (hereinafter “instant lease agreement”).

(2) The Plaintiff and the Defendant agreed to pay KRW 50,00 per month to the Defendant at a water rate of KRW 150,00,000 per month due to the terms and conditions of the instant lease agreement, and to raise the monthly rent of KRW 300,00 from February 2017, and to pay KRW 50,000 per month at a six-story parking lot.

3) The Plaintiff entered into a franchise agreement with Sscam, roller, water leakage leakage model model restaurant, Inc. D, a store store, and around October 1, 2015, the Plaintiff was handed over with the 5 and 6th floor of the instant building and received the delivery of the 5 and 6th floor, and is a pro rata restaurant (hereinafter “instant restaurant”).

4) Meanwhile, in addition to the instant restaurant, many stores such as resting restaurants, retail stores, health clubs, clinics, and private teaching institutes are located in the instant building.

B. A food poisoning accident occurred) around 11:00 on November 19, 2016, when the Plaintiff operated the instant restaurant, an accident that shows symptoms of food poisoning, such as clothes, soils, and snows, to some of the customers who occupied the instant restaurant (hereinafter “instant accident”).

(2) The Plaintiff: (a) asked a limited liability company F to disinfect and clean the water tanks for storage of groundwater (hereinafter “instant water tanks”) and the water tanks for storage of water, which are located underground and on the rooftops of the instant building, and completed cleaning, with the suspicion of the water quality of the water tanks supplied to the instant restaurant immediately after the instant accident occurred.

3 Ysan-si received the report of the instant accident on November 21, 2016, and on the same day, the environmental inspection chain food at the instant restaurant;

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