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(영문) 전주지방법원 2016.06.29 2015가단33702
손해배상(기) 및 임차보증금반환
Text

1. The Defendant’s KRW 3,00,000 as well as the annual rate of KRW 5% from June 1, 2016 to June 29, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. 1) The Defendant is the party in the position of 510 square meters and its ground buildings in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant real estate”).

(2) The Plaintiff is the lessee of the instant real estate, and D is the husband of the Plaintiff.

The Plaintiff and D operated an agrochemical store (hereinafter “instant store”) in the name of E in the instant real estate.

B. On March 21, 2011, the Plaintiff and the Defendant agreed to lease the instant real estate by setting the lease deposit amount of KRW 5 million from the Defendant, KRW 350,000 per month (payment on the last day of each month), the lease term from April 30, 201 to April 30, 2012 (hereinafter “instant lease agreement”).

(2) In order to sell the instant real estate, the Defendant entered into a contract with the Plaintiff to transfer the instant real estate by October 30, 2015, prior to April 30, 2016, which is the expiration date of the lease term. On July 10, 2015, the Plaintiff and the Defendant entered into an agreement with the Defendant to bear all expenses incurred in the transfer of the instant real estate and the relocation of the board of directors, which occurred after the termination of the contract due to the Defendant’s cause prior to the expiration of the contract term (hereinafter “instant agreement”).

3) On July 28, 2015, D, the husband of the Plaintiff, in order to move the instant store, the G and its ground buildings located in F, Jeonbuk-gun, Jeonbuk-gun, and Jeonbuk-gun (hereinafter “instant building”).

(4) The Plaintiff was scheduled to transfer the instant store to the Defendant around August 15, 2015, while entering into a lease agreement (a lease agreement of KRW 10 million, KRW 400,000 per month (payment on August 15, 201), and KRW 500,000 per month from August 15, 2015).

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