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(영문) 대전지방법원 2018.03.29 2017나4889
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. Basic facts

A. On May 16, 2014, the Plaintiff entered into a contract to rent a gas station against the Defendant (hereinafter “instant gas station”) with the Defendant, the land, buildings, and facilities constituting “D gas station” in Pyeongtaek-si C owned by the Plaintiff (hereinafter “instant gas station”).

(1) The term “gas station lease agreement” (hereinafter “instant lease agreement”) providing that “B deposit KRW 150,000,000, monthly rent of KRW 8,000,000, and the lease period of KRW 12 months from June 21, 2014 to June 20, 2015” (hereinafter “instant lease agreement”).

In concluding a contract, the following arrangements were agreed (the foregoing arrangements are only relevant to this case):

Article 6 (1) 1 of the Act shall be maintained cleanly during the term of the lease contract, and the lessee shall maintain and manage the leased object as a good manager.

Article 7(2) If it is necessary to improve the operation of the gas station, the lessee may remove, newly construct, or change the buildings, facilities, etc. in the gas station after consultation with the lessor in advance, and the following expenses shall be borne by the lessee and shall be restored to its original state upon the termination of the contract. Article 12(1) The lessee shall deliver the leased object to the lessor immediately after the expiration or termination of the contract.

4) Upon the expiration of this contract, the lessor and the lessee shall pay the restoration of the leased object and the settlement of the deposit. However, if the lessee does not deliver the leased object after the expiration or termination of the contract, the lessor shall be forced to leave the leased object, dispose of (non-goods and expendable goods, facilities), restore the leased object to its original condition, and the cost shall be deducted from the deposit deposit deposit money after the receipt of each item of taxation (the current retail and estimate amount) and the unpaid rent, interest and other expenses are deducted from the deposit deposit when restitution is completed, and the remaining amount shall be collected after the settlement of the remaining amount is added if the remaining amount is raised. 6) The list of the evidence submitted by the Plaintiff in the attached Table of the lease shall be found.

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