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(영문) 의정부지방법원 2018.08.14 2018가단4581
보증금반환 등
Text

1. The defendant shall pay to the plaintiff KRW 37,00,000, as well as 5% per annum from March 21, 2018 to August 14, 2018, and the next day.

Reasons

1. Facts of recognition;

A. The Defendant is operating a bath with the trade name “D” in the building in the Gu Government City C.

나. 원고와 피고는 2017. 7. 17. 목욕탕 내 공용실 스낵코너에 관하여 용역보증금은 30,000,000원, 관리비는 300,000원, 기간은 시설물 인도일로부터 12개월간으로 정하여 아래 내용의 시설물(용역)사용계약을 체결하였다.

o When the lessee has entered into a contract, he shall grant one copy of the contract amount to the service provider.

o The plaintiff uses the collection equipment owned by the defendant (e.g., heat self, semi-confrigerants, freezings, freezings, etc.) during the lease period, but the plaintiff shall deposit 3,00,000 won with the defendant as security deposit amount.

o The defendant has the authority to sell coffees and two products only in coffees, melting teas, etc., and it is not possible to deal with coffees and other products than melting teas and melting teas, softs, softs, sweets, yeasts, yeasts, yeasts, in soft stores.

C. The Plaintiff paid KRW 30,000,000 to the Defendant for service deposit, and KRW 3,000,000 for the collection of goods.

However, unlike the above contract for the use of a facility, it is tin, strawing, strawing, stoves, mons, stoves, stoves, and stoves at a stove shop;

The beverages of various items, such as the Scarwawait and the Smila, have been sold.

E. Accordingly, from August 2017, the Plaintiff demanded the Defendant to again prohibit the sale of coffee and melting drinks from a sugar shop in accordance with the terms and conditions of the contract on the use of facilities. However, the Defendant failed to resolve this.

F. Meanwhile, the Defendant recovered the massage itself leased to the Plaintiff on or around September 4, 2017.

G. On February 21, 2018, the Plaintiff notified the termination of the contract for the use of facilities with the content certification, and suspended the business on March 4, 2018.

[Evidence A] Evidence Nos. 1 through 10, No. 1

2. Judgment on the plaintiff's claim

A. According to the above facts as to the compensation for breach of contract and the return of the deposit for collection of the bond, the defendant concludes a contract for the use of facilities to the plaintiff.

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