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(영문) 부산지방법원서부지원 2019.09.20 2018가단104403
손해배상(기)
Text

1. From July 25, 2018 to September 20, 2019, the Plaintiff (Counterclaim Defendant) paid KRW 977,577 to the Defendant (Counterclaim Plaintiff) and against this.

Reasons

1. Facts of recognition;

A. On June 2016, the Defendant: (a) obtained D’s permission from the owner of the 5th floor building (hereinafter “instant building”) on the ground of the 5th floor in Busan Northern-gu (hereinafter “instant building”); (b) constructed the instant 4th floor into the call text and the restaurant; and (c) constructed the instant 5th floor into the call text and the resting room.

On October 20, 2016, the Defendant entered into a lease agreement with D on the fourth floor of the instant building, the deposit amount of KRW 100 million, monthly rent of KRW 3 million (excluding value-added tax), and the deposit amount of KRW 100 million, monthly rent of KRW 2 million (excluding value-added tax) with respect to the fifth floor of the instant building.

On October 13, 2016, the Defendant registered his/her business with the trade name “Ecux, F cafeteria,” the location of the place of business of the instant building as the fourth and fifth floors of the instant building, the type of business of the instant building, including “services, food (business)”, “colx,” and “bolx,” respectively.

On April 7, 2017, the Defendant reported the fourth floor of the instant building to a “F restaurant” as a general restaurant under the Food Sanitation Act.

After that, the Defendant operated the restaurant and call text business on the fourth and fifth floor of the instant building.

B. On November 17, 2017, the Plaintiff entered into a sublease contract with the Defendant for the fifth floor of the instant building, with respect to the deposit of KRW 10 million, monthly rent of KRW 2.2 million, and the contract period from December 7, 2017 to December 6, 2019.

(B) Under the following, G and H, who assist the Plaintiff with visual disability, affixed the Plaintiff’s surety in the sublease contract, and I affixed the Plaintiff’s seal as the Defendant’s surety.

The defendant's deposit money shall be paid in advance to the defendant on the seventh day of each month in total of KRW 100,000,000,000.

However, the value-added tax shall be waived for this reason. If the plaintiff gives up the refund for not less than two months, regardless of the reason for the non-payment, the plaintiff shall immediately withdraw.

Provided, That if the guarantor does not accept the iron, he/she shall be responsible for it.

Separate management expenses, such as electricity, water supply, management expenses, etc., shall be 4, and

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