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(영문) 대구지방법원 2016.12.21 2015가합2618
임대차보증금반환등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 30, 2012, the Plaintiff leased, from the Defendant, a commercial building listed in the separate sheet (hereinafter “instant commercial building”) owned by the Defendant, a deposit of KRW 100 million, monthly rent of KRW 3.8 million, and the period from December 1, 2012 to November 30, 2014, and operated a singing practice room. The main contents of the lease agreement (Evidence A 1) made between the Plaintiff and the Defendant are as follows.

§ 2 (Term of Lease) 1) The term of validity of this lease (two years from the date of the contract)

) From December 1, 2012 to November 30, 2014, a lessee is prohibited from transferring the right of this lease to a third party or sub-lease all or part of the leased building.

At the expense of the lessee, the lessee is entitled to all the rights such as the ownership, possessory right, and disposal of the facilities, such as electricity, lighting, sound, heating, cooling, and interior at the expense of the lessee, and the lessee does not raise any objection.

Article 5(Restriction on Use of Lease Articles and Public Facilities) A lessee may not use a leased object for residential purposes. 2) A signboard or advertisement bulletin may not be installed outside the place designated by the lessor.

§ 8 (1) Costs for the repair (including road) of a leased building shall be borne by the lessee. 2) If the lessee finds a repair site related to the preceding paragraph, he/she shall be notified in writing to the lessor, and even if the lessee is repaired, he/she shall obtain prior consent in writing with the lessor.

Article 9(1) If the lessee or his employee and his customer have damaged the leased building and the facilities of the building on purpose or by negligence, the lessee shall, without delay, notify the lessor thereof and compensate the lessor for the damages incurred to the lessor. 2) As regards the damages not notified to the lessor, it shall be deemed that the act of the lessee has occurred.

3. Provisions concerning compensation for damages.

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