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(영문) 수원지방법원안양지원 2017.07.13 2016가단12616
보증금반환 등
Text

1. The Plaintiff (Counterclaim Defendant) delivered to the Defendant (Counterclaim Plaintiff) a building indicated in the attached list.

2...

Reasons

1. Basic facts

A. On February 23, 2016, the Plaintiff leased real estate listed in the separate sheet (hereinafter “instant protocol”) from the Defendant from the Defendant and call text architecture business facilities installed therein (hereinafter “instant business facilities”) KRW 70 million in lease deposit, KRW 9 million in rent, KRW 4 million in the instant protocol (i.e., KRW 5 million in rent for the instant business facilities) and KRW 9 million in rent (i.e., KRW 4 million in rent for the instant protocol), and the monthly rent payment date, KRW 10,000 in rent, and the period from March 10, 2016 to March 10, 2018 (hereinafter “instant lease agreement”), and operates the instant call text (hereinafter “instant lease agreement”).

B. At the time of the instant lease agreement, there is a problem of leakage in the instant call text, and thus, the lessor was the lessor to perform construction works during April 2016, as stipulated in the instant lease agreement.

(hereinafter referred to as the “instant special agreement”). C.

The Defendants, even though they performed waterproof around May 2016, did not completely resolve the problem of water leakage in the ceiling on the date of coming from May 2016, the additional construction was made, and the water leakage problem has not occurred after the waterproof construction was completed on December 2016.

Meanwhile, the Plaintiff paid only one month rent from March 10, 2016 to April 9, 2016 after the conclusion of the instant lease agreement, and paid the rent thereafter.

E. On May 9, 2016, the Plaintiff notified the termination of the instant lease agreement on the grounds that the Defendants could not operate the business due to the occurrence of leakage due to the nonperformance of the terms of the instant special agreement.

F. Meanwhile, the Defendants issued the instant written reply on the ground that the Plaintiff paid only rent in March 2016, and thereafter did not pay rent thereafter, and notified the termination of the instant lease agreement.

[Reasons for Recognition] Facts without dispute, Gap's entries or images, and the purport of the whole pleadings, as stated in Gap's Evidence Nos. 1 through 3, 5, 8 through 11, and 17 (including separate numbers; hereinafter the same shall apply)

2. The parties' assertion

A. The Defendants, the lessor, were the Plaintiff.

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