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(영문) 서울중앙지방법원 2018.04.09 2017가단5113597
임대차보증금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 52,245,00 to the Plaintiff (Counterclaim Defendant) for KRW 52,245,00 and for this, from October 1, 2016 to April 9, 2018.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On May 2012, the Defendant leased the Seocho-gu Seoul Metropolitan Government Da, E, and F 1 to 3 181.5 square meters store (hereinafter “instant store”) with the following content to C (hereinafter “C”) around May 201, and the said company operated G points at the said store:

Article 2(Restrictions on Use) A lessee may not use the leased object for other purposes without the prior written consent of the lessor, by leasing it to a coffee store and beerer.

Article 3 (Term of Lease Contract)

1. The term of the lease contract shall be five years from June 15, 2012 to June 14, 2017, and the date of occupancy of a lessee after entering into a contract shall be determined on June 15, 2012.

Article 4 (Rental Deposit)

1. The lessee shall pay 60,000,000 won for the rental deposit to faithfully implement this lease contract;

Article 5 (Rents)

1. Rent shall be paid monthly rent of 5,700,000 won to a financial institution or management office designated by the lessor with respect to the total reputation of the leased goods;

Article 19 (Restoration of Lighting and Restoration to Original State)

1. The lessee shall immediately issue an order when this contract expires or is terminated;

2. The lessor shall implement the restoration to the original state of damage or contamination of a structure at the time of surrender, and the expenses shall be determined by the lessor;

B. In preparation for a case where C transfers the business of the instant store to the franchise store owner as a franchise business, the Defendant and the said company entered into an implementation agreement with the following contents:

2. The lessee is obligated to inform the lessor of all the fact about the transfer of the lease contract by the franchise business of the lessee during the term of the lease contract with the lessor;

3. If a lessee delivers a right to a building on the ground of paragraph (2) to a third party, the lessor shall approve the third party's maintenance and succession under the same condition during the term of the lease contract;

C. The Plaintiff leased the instant store from C.

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