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(영문) 의정부지방법원 2016.12.21 2016가단118967
손해배상(기)
Text

1. The defendant shall pay KRW 7,713,30 to the plaintiffs.

2. The plaintiffs' remaining claims are dismissed.

3. The costs of the lawsuit;

Reasons

1. Facts of recognition;

A. (1) The Defendant, upon entering into a lease agreement, operated a car maintenance plant with H and the same business as above, on the owner of a building site of 95 square meters in Gyeonggi-do, E large 289 square meters, F large 337 square meters in size, G large 812 square meters in size (hereinafter “Defendant-owned land”).

(2) On December 24, 2013, the Defendant entered into a lease agreement with the Plaintiffs, setting the lease deposit amount of KRW 180 million from January 31, 2014 to January 31, 2019, and KRW 600,000,000 (payment on the last day of each month) for the lease term (hereinafter “the lease agreement in this case”).

(3) The main contents of the instant lease agreement are as follows, and the monthly rent to the Defendant was reduced from KRW 3.7 million to KRW 3.6 million.

- Of the total amount of KRW 180,000,000 which is KRW 50,000,000 for premium and KRW 130,000 for KRW 130,000,000 per month (amount to be refunded) - Of the total monthly rent of KRW 6,000,000 per month, the monthly amount of KRW 3,70,000 per month shall be deposited in the name of the defendant, in the name of L (K), and KRW 3,00,00 per month in the name of J. - All machinery, tools, equipment at the time of the contract shall be usable and shall be present.

b. - The warehouse (as approximately 20 square meters) in L shall be separate.

(4) The maintenance plant of the instant lease agreement (hereinafter “instant maintenance plant”) is constructed on the 117 square meters prior to JJ, the leased land of the instant case, and on the Ma large-161 square meters and N large-scale 95 square meters (ownership of each Dong-gun), not on the leased land of the instant case.

(5) Pursuant to the instant lease agreement, the Plaintiffs paid to the Defendant a deposit of KRW 130 million and premium of KRW 50 million, and received the leased object from the Defendant.

The plaintiffs report the location of E, G, F, and L on January 28, 2014 to be the "OAH".

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