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(영문) 수원지방법원안산지원 2014.02.13 2012가합5466
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 10,690,000 to the Plaintiff (Counterclaim Defendant) and its related amount from August 4, 2012 to February 13, 2014.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

On March 27, 2012, the Plaintiff and the Defendant entered into a lease agreement with the Defendant on March 27, 2012, setting the lease deposit amount of KRW 20,000,000, monthly rent of KRW 2700,000, and the period from May 7, 2012 to May 6, 2014 (hereinafter “instant lease agreement”).

At the time, the defendant and her husband D (hereinafter "the defendant's side") have reduced the existing lease deposit amount of KRW 30,000,000 to KRW 20,000,000 per month, and KRW 3,000,000 per month to KRW 2,70,000 (the first month in consideration of the period of interior works) upon the plaintiff's request for the reduction of the deposit, and the lease contract in this case includes the following contents:

Article 3 (Change of Use, Sub-lease, etc.) No lessee shall change the use or structure of the above real estate, transfer the right of lease or offer the security thereof, or use it for purposes other than those of lease without the consent of the lessor

[Matters of Special Agreement]

1. The current facilities are lease contracts, and taxes and public charges shall be settled on the basis of the balance date;

2. This contract is a lease contract for the purpose of the operation of the PC, and is null and void if the lessee could not obtain a PC bank business license due to a defect in the public record of the leased property right, and is obliged to return all amounts such as the down payment already paid.

3. A lessor shall permit the installation of new emergency stairs from the interior interior interior, and from the fifth to the rooftop, and the costs of installation of emergency stairs shall be borne by 1/2, respectively.

On April 28, 2012, the Plaintiff paid the Defendant the down payment of KRW 3,00,000 among the lease deposit, and around May 7, 2012, the instant commercial building was delivered from the Defendant, and at the time, the instant commercial building was installed by the former lessee, such as partitions installed by the former lessee.

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