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(영문) 서울중앙지방법원 2014.11.05 2013가단326635
임차보증금반환 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On May 7, 2013, the Defendant and three others were leased to the Plaintiff under the brokerage of the D Licensed Real Estate Agent Office operated by C on May 7, 2013, and the lease deposit amounting to KRW 20,000,000, monthly rent of KRW 1,300,000 (excluding value-added tax), and the term of existence from May 31, 2013 to May 31, 2014.

B. Around that time, the Plaintiff paid KRW 20,000,000 to the Defendant and KRW 1,300,000 for monthly rent.

【Ground of recognition】 The fact that there is no dispute, Gap 1, and the purport of the whole pleading

2. The assertion and judgment

A. The plaintiff asserted that the plaintiff agreed with the defendant to set up the plaintiff's signboard only at the place designated by the defendant, and the place designated by the defendant cannot be set up a signboard due to safety problems, and thus, he could not operate the above part of the building properly.

As such, since the Defendant did not allow the Plaintiff to use and benefit from the leased object properly, and thus the Plaintiff terminated the above lease contract, the Defendant shall be paid KRW 20,000,000 as the lease deposit amount and KRW 1,300,000 as the monthly rent, and the Plaintiff shall be paid KRW 1,00,000,000 paid by the Plaintiff.

B. In light of the evidence No. 1, the evidence submitted by the Plaintiff alone is insufficient to recognize that the Defendant did not allow the Plaintiff to use and benefit from the above building. Therefore, the Plaintiff’s assertion on a different premise is without merit.

3. According to the conclusion, the plaintiff's claim of this case is without merit.

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