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(영문) 서울동부지방법원 2015.10.13 2014가단46489
계약금반환 등
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 16 million to the Plaintiff (Counterclaim Defendant) and its objection from October 3, 2014 to October 13, 2015.

Reasons

1. Basic facts (applicable for recognition: Facts without dispute, evidence Nos. 1 through 4, evidence No. 7, evidence No. 8, each entry of evidence No. 13, and the purport of the whole pleadings);

A. In the presence of a licensed real estate agent C on July 10, 2012, the Plaintiff entered into a lease agreement with the Defendant on the condition that the Plaintiff would lease the lease deposit of KRW 3,00,000 (in the event that the lessee complies with the following facility standards, KRW 2,00,000,000,000 shall be paid on July 10, 2012; KRW 25,000,000,000 (in the remainder of July 31, 2012) and KRW 2,00,00,000 (in each month, the value-added tax shall be separately paid on July 16, 2012) from July 16, 2012 to July 15, 2017; and the lessee would not be paid KRW 2,000,000 to the Defendant as the instant lease agreement (hereinafter “instant contract”).

【Discharge of Food Snacks】

1. Facilities that forcibly emit the smells generated from the kitchen shall be installed, and the location of a smelling emitting the relevant facilities shall be high in the three-story room of the commercial building to which the store of this case belongs;

2. The exhaust equipment of the front of a building shall have the wind direction above ground;

3. The facility that forcibly discharges air inside the instant store from the back of the building shall be installed, and the location map of the smelling emitting snacks shall be high as the three-story room for commercial buildings to which the instant store belongs.

4. It shall be ensured that the air inside the store of this case does not fall into the right side of the building; and

【Entry into and exit from the top of the instant store to the second floor stairs】

5. For purposes of decentralization when the store in this case resides on at least two floors of the building to which the store in this case belongs:

A. The second floor of a commercial building where the store of this case belongs through the fixed view of the building at the time when the lessee operates.

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