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(영문) 광주지방법원 2017.09.14 2017가합51971
임대차계약해지또는변 등과관련한 조정신청
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1. The part concerning the claim for confirmation of the cancellation of the lease agreement among the instant lawsuit is dismissed.

2. The plaintiff's remaining claims.

Reasons

1. Basic facts

A. On December 14, 2015, the Plaintiff concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendant, and with respect to each real estate listed in the separate sheet, which is the purpose of the Moel owned by the Defendant, with respect to each of the real estate (hereinafter “instant Moel”), with the lease deposit amounting to KRW 450,000,000, monthly renting KRW 14,000, and the lease terming to December 15, 2015, respectively, from December 14, 2015 to December 14, 2017.

B. On December 14, 2015, the Plaintiff paid the Defendant a full deposit of KRW 400,000,000,000, and the remainder of KRW 4000,000 on December 15, 2015, and KRW 450,00,000 in total, and is a business during the Plaintiff’s delivery of the instant cartel on December 15, 2015.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1, 3 and 4 (including branch numbers if there are branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The Defendant concluded the instant lease agreement with the Plaintiff, which believed that the monthly sales of the instant telecom amounting to KRW 42,00,000,000, but the actual monthly sales of the instant telecom was merely KRW 20,000,000 or KRW 30,000.

Therefore, the Plaintiff is obligated to pay the Plaintiff KRW 15,684,612 (i.e., the amount of damages 77,684,612 from January 1, 2016 to August 15, 2017 - the sum of unpaid rents 62,00,000 won due to the Plaintiff’s cancellation of the instant lease agreement, and the Plaintiff is obligated to pay the Plaintiff’s deposit 450,000,000 to August 16, 2017 less the remainder of the deposit paid by the Plaintiff from January 1, 2016 to August 15, 2017 to August 15, 2017).

B. The Defendant shall operate the instant Maurel to the Plaintiff.

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