(영문) 울산지방법원 2016.01.13 2014나11826

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 울산지방법원 2016.01.13 2014나11826

보증금반환 등

Text

1. The judgment of the court of first instance is modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is written in attached Form from the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the following facts: Gap evidence Nos. 1 to 3, Eul evidence No. 1, 8, 17-1, 18-1, and testimony No. 17-1, and witness E of the first instance trial and the first instance trial.

On April 14, 2013, the Defendant leased the instant store owned by C.

(hereinafter “instant lease agreement”). B.

C Around October 13, 2013, died and the F, his spouse, succeeded to the ownership of the instant store and the status of the lessor, and E, his son, managed the instant store on behalf of F.

C. On November 9, 2013, without the consent of F or E, the Defendant entered into a sub-lease contract with the Plaintiff for the instant store (hereinafter referred to as the “sub-lease contract”) with the amount of KRW 20,000,000 for the sublease deposit, KRW 1,100,00 for the rent, and KRW 80,000 for the rent, from November 9, 2013 to April 13, 2015 for the lease term (hereinafter referred to as the “sub-lease contract”) and entered into a transfer agreement with the Defendant for the facilities, equipment, business rights, etc. of the instant store at KRW 80,00 for the premium at KRW 20,00 for the said sub-lease deposit and KRW 80,000 for the premium to the Defendant around that time.

E notified the Defendant on April 1, 2014 that the instant lease contract was terminated on the ground of the unauthorized Lease, while the Plaintiff notified the Plaintiff that the instant lease contract was terminated on the ground of the unauthorized Lease, and the Plaintiff suspended the business at the instant store on the third day of the same month.

E. On the other hand, after February 14, 2014, the Plaintiff did not pay the Defendant a rent under the instant sub-lease contract. On June 3, 2014, the Defendant notified the Plaintiff of the termination of the instant sub-lease contract as of June 11, 2014 on the ground that the instant sub-lease was overdue for the second period.

2. The allegations by the parties and the determination thereof

(a) argument;

유사 판례

-울산지방법원 2014.11.28 2014가단11962

-부산지방법원 2014.04.25 2013가단56026

-서울중앙지방법원 2017.02.16 2015가단5333823

-의정부지방법원고양지원 2016.04.07 2015가단30728

-수원지방법원안산지원 2016.06.15 2015가단20575