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(영문) 대전지방법원천안지원 2016.09.21 2015가단19878
손해배상금
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of lawsuit;

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts of recognition;

A. On September 2014, the Plaintiff entered into a lease agreement with the Defendant, which is KRW 50,000,000 (hereinafter “instant store”) as to the lease deposit (an intermediate payment of KRW 10,000,000 on October 15, 2014, the intermediate payment of KRW 20,000,000 on October 25, 2014, and each payment of KRW 20,000 on October 25, 2014), monthly rent of KRW 1,50,000 (value-added tax separately), and 36 months on the lease deposit.

(hereinafter “instant lease agreement”). B.

The main special terms stipulated in the instant lease agreement are as follows:

Article 5 of the monthly rent lease contract may be reconstructed or altered with the approval of the lessor, but it shall be restored to the original state at the expense of the lessee before the date of return of the real estate.

Special Agreement

1. The family department, the imposition of penalties, the extracurricular department and three medical treatments shall be provided;

1.In the event that the hospital is not opened, the contract shall be terminated;

1.The specific guarantee of pharmacies.

1. The premium of KRW 90,000,000 shall be paid on the balance payment date; and

1. The lessee shall not claim the premium to the lessor;

C. On October 17, 2014, after completing business registration, the Plaintiff opened a pharmacy on November 4, 2014.

On February 11, 2015, the Plaintiff filed a lawsuit against the Defendant seeking “the cancellation or cancellation of the instant lease agreement, so it is a restitution of the deposit and premium due to restitution of the original state,” which did not result in the sales of the three hospitals prescribed in the instant lease agreement until February 2015.”

Daejeon District Court Decision 2015Kadan10104). e.

On April 1, 2015, the Defendant returned to the Plaintiff KRW 50,000,000,000 for lease deposit, and KRW 90,000 for the premium on May 22, 2015, respectively, and the Plaintiff returned on May 26, 2015.

The claim in this subsection was withdrawn.

F. On June 16, 2015, the Plaintiff returned the key to the instant store to the Defendant and reported the closure of business around June 30, 2015.

As of the date of the closing of the instant case, the instant store is a drug display set by the Plaintiff.

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