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(영문) 울산지방법원 2016.08.30 2015가단13040
손해배상(기)
Text

1. As to the Plaintiff (Counterclaim Defendant) and the Defendant C’s KRW 7,429,212, and the Defendant (Counterclaim Plaintiff)’s KRW 1,614,00 and each of the said amounts.

Reasons

1. Basic facts

A. Defendant B related to the parties is the owner of the building of the 2nd floor in Ulsan-gu, Ulsan-gu, the Nam-gu, the building of the D lightweight Gabston luston Do (hereinafter “instant building”); Defendant C leased the 2nd floor of the instant building to operate a singing practice room (hereinafter “the 2nd floor singing practice room”); and the Plaintiff leased the 1st floor and operated a restaurant (hereinafter “the 1st floor restaurant”).

B. On April 14, 2010, the Plaintiff leased the first floor of the instant building from Defendant B with the lease deposit of KRW 15 million, monthly rent of KRW 1.5 million, and the period from April 14, 2010 to April 13, 2012. (2) The Korea Workers’ Compensation and Welfare Service established and leased the first floor of the instant building from Defendant B with the lease deposit of KRW 67 million and the period from April 14, 2012 to April 13, 2012 as a start-up business start-up business. (3) The Korea Workers’ Compensation and Welfare Service established and leased the first floor of the instant building from Defendant B with the lease deposit of KRW 67 million and the period from April 14, 2012 to April 13, 2014.

In the lease contract, the contract for entrusting the plaintiff as the operator of the first floor store with the right to use and profit, and the Korea Labor Welfare Corporation provided the above lease deposit amount of KRW 67 million, and the monthly rent and management expenses were clearly stated that the plaintiff bears the obligation to pay, and the plaintiff affixed a seal as the store operator.

3) On April 1, 2014, the Plaintiff paid to Defendant B a lease deposit of KRW 67 million, monthly rent of KRW 1860,000 (in fact, payment shall be made on the first day of each month. The contract shall be made on April 14, 2014 to April 13, 2016) and the lease deposit of KRW 67 million borne by the Korea Workers’ Compensation and Welfare Service (including KRW 18,00,000,000,000 (including KRW 15,000,000,000,000,000) to Defendant B around April 201, 2015.

2 The plaintiff is a restaurant of the first floor, and the damage of water leakage and fire caused by a spawn fire generated in the process of extinguishing fire.

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