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(영문) 청주지방법원 2017.06.15 2015가단21356
임대차보증금 등
Text

1. The Defendant’s KRW 35 million to the Plaintiff and the Plaintiff’s annual rate of 5% from February 4, 2016 to June 15, 2017.

Reasons

1. Facts of recognition;

A. On June 20, 2012, the Plaintiff paid the lease deposit amount of KRW 20 million to the Defendant, KRW 500,000 per month, KRW 500,000 per month, and the lease term from June 20, 2012 to June 19, 2014, respectively, with respect to the prefabricated-gun land and prefabricated-type building on land (hereinafter “the leased object of this case”). According to a special agreement, the Plaintiff concluded a lease agreement with the lessor (hereinafter “instant lease agreement”) with respect to all of the facilities of the mass restaurant, which the Defendant had already operated in the leased object of this case, for air conditioners, air conditioners, air conditioners, cold-water conditioners, kimchi, kimchi, kimchi, kimchi, kimchi, and the leased object of this case from June 20, 2012 to June 19, 2014.

B. The Plaintiff and the Defendant agreed to extend the term of the instant lease by July 15, 2014, even after the term of the lease expires, and agreed to extend the term of the lease by September 26, 2015.

C. The Plaintiff leased the leased object of this case to a third party and confirmed whether the Defendant consented thereto. However, the Defendant, on its own initiative, refused to lease the leased object to a third party.

Accordingly, the plaintiff demanded the defendant to return the above lease deposit amount of KRW 20 million and the premium of KRW 15 million directly to the defendant. However, the defendant did not agree to pay the premium directly to the plaintiff, or since the facilities used by the plaintiff are damaged by paying the premium to the defendant, only half of the premium already received shall be returned, and the plaintiff did not comply with the plaintiff's claim properly.

E. Accordingly, on December 11, 2015, the Plaintiff is the Defendant.

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