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(영문) 서울중앙지방법원 2017.05.22 2016가단5233517
청구이의
Text

1. The plaintiff's claim against the defendants is dismissed in entirety.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 2010, the Plaintiff entered into a contract to acquire the business of F control points (hereinafter “instant control points”) in the building indicated in the attached Form No. 2 owned by E and E (hereinafter “instant building”) from KRW 171,767,000 in total, including premium and facility expenses.

B. On June 11, 2010, the Plaintiff entered into a lease agreement with the Defendants to rent the instant building at KRW 121,00,000,000 per lease deposit, and KRW 5,610,00 per month of rent, and the said lease agreement was renewed on October 7, 2013.

C. On July 13, 2016, the Defendants filed a lawsuit against the Plaintiff (Seoul Central District Court 2015Kadan198643) seeking the order of the instant building (Seoul Central District Court 2015Kadan198643). The following mediation was established on July 13, 2016 (hereinafter “instant mediation”).

1. The Plaintiff (referring to the Defendants of this case) and the Defendant (referring to the Plaintiff of this case) shall conclude a lease agreement on the building of this case as of August 22, 2016, as shown in attached Table 2, respectively. The lease term shall be until September 30, 2017, and the lease deposit shall be KRW 125 million.

2. The Defendant shall pay the full amount of the deposit to the Plaintiff by August 22, 2016, which is the date of the lease agreement under paragraph (1). If the Defendant fails to pay the full amount of the deposit by the said deadline, the Defendant may, as seen in the following sub-paragraph (4), deposit the balance calculated by deducting the overdue rent, etc. from the existing lease deposit and the expenses for restoration to the original state, and then seek an explanation of the instant building

In such a case, the defendant shall restore the store of this case to its original state and order the plaintiff to restore it to its original state, and the defendant shall bear the expenses incurred in its restoration.

3. The defendant, at the expense of KRW 121 million of the existing lease deposit, includes overdue rent and management expenses that the defendant had not been paid until now.

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