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(영문) 서울중앙지방법원 2018.09.18 2017가단5236414
보증금반환
Text

1. On the Plaintiff (Counterclaim Defendant),

A. Defendant (Counterclaim Plaintiff) B is jointly owned with KRW 9,642,50, Defendant (Counterclaim Plaintiff) C, D, and E. 9.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Facts of recognition;

A. On August 22, 2017, the Plaintiff, as a broker of the F Licensed Real Estate Agent Office, leased from the Defendants under the following conditions (use: restaurant; hereinafter “instant lease agreement”); the above ground level H and ground level I have been used as a single space due to the absence of walls between the above ground level H and ground level I (hereinafter “instant leased building”). On August 22, 2017, the term of the lease contract for the leased object subject to the contract date, Defendant B 10,000,000 won (Additional Table No. 650,000 won) for the lease on August 22, 2017, 2017

B. The Defendants agreed to exempt the Plaintiff from the rent until October 15, 2017, taking into account the period of interior construction of the instant leased building for restaurant business. The Plaintiff started restaurant business (trade name) on October 23, 2017 by performing the interior construction of the instant leased building on the basis of its construction.

C. However, L, which operates “K” coffee specialty on the upper floor of the instant leased building (the first floor above the instant leased building), around November 27, 2017, in the course of performing construction of one’s own interior interior interior, had a hole in the ceiling of the instant leased building, and had a concrete ice fall down.

(hereinafter referred to as the “instant accident”). Accordingly, the leased building of this case caused cement dust generated from the 1st floor interior works on the ground through hole in the ceiling.

In addition, as the commercial building has become out of age and water leakage, the lease area of this case was fluorily ice and ice licked down, and continued fall. D.

Accordingly, the Plaintiff demanded the Defendants to repair defects on several occasions, and subsequently suspended the business on November 30, 2017. On June 15, 2018, when the instant lawsuit is pending, the Plaintiff’s key and corrective device to the Defendants via the broker.

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