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(영문) 서울서부지방법원 2017.01.20 2016가단238451
기타(금전)
Text

1. The Plaintiff:

A. The Defendants jointly share KRW 123,637,841 as well as the aforesaid amount from July 29, 2016 to January 20, 2017.

Reasons

1. Basic facts

A. On June 2016, the Plaintiff entered into a lease agreement with the Defendants, a co-owner of the building listed in the separate sheet (hereinafter “instant store”), setting the lease deposit amount of KRW 5,000,000, the rent of KRW 500,000, and the lease term of KRW 2 years (hereinafter “instant lease agreement”).

B. On June 23, 2016, after paying the lease deposit to the Defendants, the Plaintiff operated a practice hall in which students of the high school grade of the instant elementary school were able to dance and singing or play music of the ASEAN Group and take in drinking beverages, fruits, etc. (hereinafter “instant practice hall”) at the instant store from around June 23, 2016, when completing the interior facility construction with the delivery of the instant store.

C. However, from the date the Plaintiff commenced the instant practice hall business at the instant store, water leakage occurred on the wall of the instant store, and such water leakage occurred several times until July of the same year.

Therefore, although the Plaintiff requested several times to take measures to prevent leakages to the Defendants, the water leakage construction was not properly performed until July 21, 2016, the filing date of the instant lawsuit. Accordingly, the Plaintiff issued a notice to the Defendants that the instant lease contract will be terminated by the delivery of the duplicate of the complaint of this case (hereinafter “instant termination notice”), and the instant termination notice reached the Defendants on July 28, 2016.

E. Defendant B made an insulting speech to the Plaintiff, among the Dos in which the Plaintiff and the Plaintiff dialogueed, such as “to grow up”, “to grow up,” “to grow up,” and “to grow up”.

F. The Plaintiff currently occupies the instant store while maintaining the correction device in the instant store.

【Unsatisfy of the grounds for recognition】Unsatisfy of the dispute, Gap 1, 3 through 8, Gap 11, and 12, Gap 14-1, and the voice of this court.

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