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(영문) 인천지방법원 2018.04.25 2017가단252191
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 17, 2004, the Plaintiff: (a) leased a building on the ground (hereinafter collectively referred to as “instant building”) of 30,000,000 won in lease deposit; (b) monthly rent of 2,50,000, and the period from March 19, 2004 to March 18, 2007 (three years in the name of the lessee) from the Defendant for lease of 30,000,000 won in lease deposit; and (c) operated the telecom with the “E” in the said building (the name of the father of the Plaintiff).

B. On March 17, 2007, the Plaintiff: (a) from the Defendant on March 17, 2007, the part on the ground of the instant building, the lease deposit KRW 30,000,000, monthly rent of KRW 5,000,000, and the period of KRW 24 months; and (b) from the instant building, each lease (the name of the lessee is the Plaintiff’s argue F), with the lease deposit KRW 30,000,000, monthly rent of KRW 1,500,000, and each lease (the name of the lessee is the Plaintiff’s argue F) with the period of KRW 24 months.

(B) The term “the instant cartel” and the term “the instant entertainment tavern” are as follows: (a) the term “the instant entertainment tavern” and the term “the instant entertainment tavern.”

The Plaintiff violated the Juvenile Protection Act with the content that the Plaintiff had access to the juvenile while operating the instant telecom, and was subject to the disposition of business suspension. The entertainment bars of this case were subject to the disposition of business revocation by employing juvenile visitors.

On June 2, 2010, the Plaintiff leased the entire building of this case (including the ground telecom and underground entertainment bars) as the lease deposit amount of KRW 80,000,000, monthly rent of KRW 6,000,000, and the period of KRW 36 months. The main contents of the above lease contract are as follows.

Article 7:Additional Tax shall be borne separately by the lessee, and the lessee shall be comprehensively liable for fire and theft liability.

(including administrative cases and taxes and public charges) - The amount of property tax imposed on a entertainment establishment on the first floor below the ground shall be borne by the lessee.

E. After that, the Plaintiff requested a monthly rent increase, the Plaintiff agreed to the lease agreement on the instant building implicitly, and the Defendant also agreed to the Plaintiff.

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