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(영문) 대구지방법원경주지원 2020.10.20 2019가단14205
보증금반환
Text

1. The Defendant’s KRW 110,000,000, and the annual rate of KRW 6% from December 21, 2019 to October 20, 2020, and the following.

Reasons

Basic Facts

On July 1, 2013, the Plaintiff prepared a lease agreement between the Defendant and the first floor and the first floor (hereinafter “instant building”) with the content that deposit KRW 100 million, monthly rent of KRW 11,00,000 (including value-added tax, five advance payment terms on July 1, 2015, and each lease (hereinafter “the first lease”) was made for the purpose of public restaurant, and operated a mutually cafeteria called “D” in the instant building from that time.

The first lease contract includes the following contents:

Real Estate Lease Agreement

2. Article 7 of the Terms and Conditions of the Contract is always responsible for the preservation of current status and may be approved by the defendant when the facility alteration or outdoor advertisement is installed. However, the construction cost is borne by the plaintiff and the expenses shall be delivered to the original state or current state at the request of the defendant when the plaintiff is ordered, and the expenses for ordinary necessity, beneficial expenses, repair expenses, and management expenses shall be borne by the plaintiff. The lessee is not entitled to demand the third party for any amount under any pretext, such as the royalty, premium, etc., on the ground that the lessee leases a business establishment that has been sufficiently secured by the existing customer and the customer.

3. Terms and conditions of a special agreement (2) The defendant shall include all his own holders (attached Form 1 - D's current status), and the plaintiff shall be liable to compensate for the portion not returned due to the loss or damage when the contract is terminated.

3. Upon the termination of this contract, the lessor shall be returned to him/her as specified in [Attachment List 1 - D building photographs].

As the term of lease expires on July 5, 2016 between the Defendant and the Defendant on June 29, 2016, the Plaintiff’s re-contract should be terminated by mutual agreement between the Plaintiff and the Defendant before the expiration of the term of the contract on July 5, 2016 in order to clarify the limitation of responsibility for the restoration to the original state, such as old facilities and equipment when the term of the contract is extended.

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