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(영문) 대구지방법원 2016.12.21 2015가합204124
손해배상(기)
Text

1. The Defendants amounting to KRW 56,182,245 to each Plaintiff, and KRW 5% per annum from March 7, 2015 to December 21, 2016.

Reasons

1. Basic facts

A. On November 30, 2012, Defendant C: (a) fixed the commercial building listed in the separate sheet (hereinafter “instant commercial building”) owned by the Plaintiff from the Plaintiff to KRW 100 million; (b) monthly rent of KRW 3.8 million; and (c) fixed the period from December 1, 2012 to November 30, 2014, Defendant C operated a singing practice room; and (d) at the time, the part relating to the instant issue among the lease agreement (Evidence A No. 4) made between Defendant C and the Plaintiff is indicated below.

§ 2 (Term of Lease) 1) The term of validity of this lease (two years from the date of the contract)

) From December 1, 2012 to November 30, 2014, a lessee is prohibited from transferring the right of this lease to a third party or sub-lease all or part of the leased building.

(B) Article 16 (Lease Deposit) (5) The lessor shall, upon termination or termination of the lease agreement, take out all the property owned by the lessee before the expiration of the lease agreement, and return keys, the lessor's property, etc. to the lessor. After termination or termination of the lease agreement, the lessor shall refund the lease deposit to the lessee after completion or termination of the lease agreement.

B. On January 22, 2013, the Plaintiff and Defendant C, the Daegu District Court Kimcheon-si, Kimcheon-si, Seoul District Court, 2012, the real estate name of 2012.

1. The instant singing is owned by the applicant (Plaintiff). The respondent (Defendant C) entered into a lease agreement with respect to the said real estate as a rental deposit of KRW 100,000,000 for the use of a singing practice room, from December 1, 2012 to November 30, 2014, and from monthly rent of KRW 3.8 million (including additional tax) for the purpose of a singing practice room, and immediately order the leased building to the applicant at the end of the lease term.

2. The lessee may not transfer the right of this lease to a third party or sublet all or part of the leased building to a third party.

3. The lessee cannot substitute the payment of the rent for the lease deposit and the right to request the return to another person.

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