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(영문) 수원지방법원안산지원 2020.02.14 2019가단58738
임대차보증금
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 February 27, 2019, the Plaintiff leased D Child Care Center (hereinafter referred to as “Child Care Center in this case”) located in Ansan-si, Ansan-si, the Defendant operated from the Defendant to February 28, 202 by setting the lease deposit amount of KRW 70,00,000, and the lease period from March 1, 2019 to February 28, 2024.

(hereinafter “instant lease agreement”). B.

The lease contract of this case was first stipulated as follows.

Matters of special agreement

1. Monthly rent for the current status of the facility (a fixed number of 49 persons, a fixed number of facilities, and a monthly fee for the installation of solar energy, 62,763 won);

2. Contracts under mutual agreement (no fact of any administrative disposition);

3. Monthly Tax Deposit Accounts (Agricultural Cooperatives E) B.

4. Monthly taxes shall be KRW 500,000 for three months from the date of the contract, and KRW 1,000,000 for a month which is the monthly contract amount after three months.

5. Monthly rent shall be 24 months from the date of the contract (not later than three months), daily KRW 1,800,000 from the date of the contract to the date when the contract expires, and the premium shall be 1,80,000 won from the 25th month to the date when the contract is renewed, and the premium shall not be claimed.

6. The lessee shall be appointed to maintain and repair the facilities during the contract period;

C. After the beginning of April 2019, the plaintiff and the defendant revised the above special agreement and re-written the lease agreement as follows:

Matters of special agreement

1. Monthly rent rental (number of 49 persons, current facility rental), monthly rent and down payment, and balance designated account (agricultural E/Deposit: B);

2. Contracts under mutual agreement (no fact including administrative disposition);

3. Where a lessor consents to the change (any change resulting from the change) of the trade name of a child-care center, he/she shall not relate to the restoration to the original state of the facility when the contract expires;

In addition, the change of the representative shall not be changed until the expiration date of the evaluation certification ( October 14, 2020).

4. Monthly taxes shall be KRW 1,060,000 for three months from the date of the contract to twenty-four months, and KRW 1,860,000 for twenty-five months from the date of the contract to the date of termination, and shall be the current lessee at the time of extension after the expiration of the contract.

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