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(영문) 의정부지방법원 2019.08.29 2018가단4031
손해배상
Text

1. The Defendant (Counterclaim Plaintiff) received a refund of KRW 14,476,737 from the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts of recognition;

A. The instant lease agreement and the opening of a kindergarten 1) The Plaintiff on December 8, 2014 (hereinafter “the deceased”).

2) Of the real estate listed in the separate sheet, the Plaintiff’s Government-si G Apartment Building H and I (hereinafter “instant commercial store”) owned by the Plaintiff.

() A lease agreement was concluded between KRW 50,000,000 for a lease deposit, KRW 1,600,000 for a rent, and period of lease from December 30, 2014 to February 28, 2018 (hereinafter “instant lease agreement”).

(2) On December 30, 2014, the Deceased agreed to restore the instant store to its original state upon the termination of the lease agreement, and return the said store to the Plaintiff. (2) On December 30, 2014, the Plaintiff completed the registration of establishment of chonsegwon, from December 30, 2014 to February 28, 2018, with respect to the co-ownership of the instant store and the land for the purpose of securing the said deposit.

(3) The Deceased paid KRW 50,00,00 to the Plaintiff the lease deposit. After receiving the delivery of the instant shop, the Deceased opened part of the second floor floor of the commercial building for the purpose of operating a children’s English private teaching institute, and installed indoor and external interior interior interior interior interior stairs connected from the first floor to the second floor, and installed deck at the outside of the entrance of the first floor, etc. The Deceased wanted to open the English private teaching institute of “J” (hereinafter referred to as “private teaching institute of this case”). Then, around March 2015, the Deceased wanted to open the private teaching institute of children’s English language, namely, “J” (hereinafter referred to as “private teaching institute of this case”).

(B) On December 30, 2016, the Deceased, along with Defendant B, operated a private teaching institute. (B) The Deceased transferred the said private teaching institute to the second floor of the K-si building in which childcare centers are concentrated around the said private teaching institute, and around that time, the Plaintiff requested the termination of the instant lease contract to the Plaintiff.

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