(영문) 울산지방법원 2015.12.18 2015가단9621

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(영문) 울산지방법원 2015.12.18 2015가단9621

임대차보증금

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1. The Defendant: (a) KRW 50,000,000 for the Plaintiff and 20% per annum from May 4, 2015 to September 30, 2015; and (b) the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 8, 2013, the following lease agreement (hereinafter “instant lease agreement”) was made with respect to D 2-story stores in Ulsan-gun, Ulsan-gun, Ulsan-gun (hereinafter “instant stores”).

1) The contractual content lease deposit amount of KRW 50 million, monthly rent of KRW 700,000,000 does not have a contractual term. 2) The lessee is not responsible for the sanitary and cleanliness of the drinking room during the contract period. The part on the response to the customer is directly affecting the bath business, and the contract may be reversed by the lessor when the part on the cleaning or the response to the customer is insufficient.

The facility cost of sugar (ice strawing and installing equipment) is recognized to be only 3 million won, depreciation by 20% per year, succession to the future, and the repair and preservation of the products are responsible for the lessee.

3. Statement of the party representative E, the lessee, the lessee’s agent, F, each address, resident number, and telephone number

B. The instant lease deposit and monthly rent were paid in the name of F, and F had been engaged in the instant store business.

C. Around February 2015, F retired from the instant store and delivered the Defendant a store.

[Ground for Recognition: Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 3, the purport of whole pleadings]

2. The allegations by the parties and the determination thereof

A. 1) The Plaintiff’s instant lease agreement is a lease with no agreed term, and the contract was terminated on May 3, 2015, when the original copy of the instant payment order was delivered to the Defendant, from April 3, 2015 to May 3, 2015. In addition, as the instant store was delivered to the Defendant, the Defendant is obligated to pay to the Plaintiff, a lessee of the instant lease agreement, a delay damages calculated at the rate of 20% per annum from the day following the delivery of the original copy of the instant payment order to the day of full payment. 2)

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