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(영문) 인천지방법원 2017.06.01 2016가단219227
보증금반환
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Basic facts

A. On November 2015, the Plaintiff agreed to receive transfer of tangible and intangible property value, such as business facilities and equipment, related to “F store” (hereinafter “instant store”) operated in the instant leased object from G, and paid KRW 50 million to G in return for the agreement.

(2) On the other hand, G leased the object of the instant lease from the Defendants on October 2014 and operated the instant store from that date.

B. On November 19, 2015, the Plaintiff entered into a lease agreement with the Defendants to lease the subject matter of the instant lease (hereinafter “instant lease agreement”) with a fixed period from December 1, 2015 to November 30, 2020 after entering into the instant lease agreement. Under the premise that the instant lease agreement was entered into, the Plaintiff and the Defendants inspected the site of the subject matter of the instant lease, and confirmed that the instant contract was in accordance with the condition of the relevant facilities at the time, and the Plaintiff would bear the duty to restore the subject matter of the instant lease before the interior works, upon termination or termination of the instant lease agreement.

C. In order to operate the instant store, the Plaintiff paid KRW 5.5 million to H and completed the basic curriculum.

After the Plaintiff started to operate the instant store on December 1, 2015, there was a phenomenon that water flows into the multi-use room after the opening of the instant store, and the Plaintiff knew of such fact to Defendant D among the lessor. Defendant D paid KRW 737,000 to the facility operator and completed the repair of the relevant part on January 13, 2016.

(hereinafter, this case’s defect is referred to as “the defect in December 1, 2015,” and the rest of the defect is specified in the same manner).

The plaintiff on January 26, 2016.

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