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(영문) 대전지방법원 천안지원 2018.02.14 2016가단10991
계약금 반환 등
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 25,00,000 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim on October 11, 2016.

Reasons

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

1. Facts of recognition;

A. On April 19, 2014, the Plaintiff entered into a lease contract with the Defendant for KRW 101 and KRW 102 (hereinafter “instant store”) among the 101 and the 102 of the Dong-gu Seoul Special Metropolitan City D-based Building (hereinafter “instant building”) (hereinafter “instant building”) with respect to the lease deposit amount of KRW 25,00,000, KRW 700,000 per month of rent, and KRW 21,000 from April 21, 2014, and operated the instant store with the trade name of E.

B. On October 26, 2014, the Plaintiff entered into a lease agreement with the Defendant, which increased the lease deposit to KRW 25,000,000 as well as the lease term from April 21, 2014 to April 20, 2016, with respect to the instant store by KRW 1,000,000 (excluding value-added tax) as the previous lease agreement.

(hereinafter “instant lease agreement”). C.

On November 18, 2014, at around 03:50, a fire occurred on the first floor of the instant building, and the store, etc. of this case was seriously destroyed (hereinafter “the fire of this case”), and the fire station determined the fire site investigation that “it is presumed that the edge part of the interior of the instant store is the point of combustion, but it is presumed that the fire possibility of intentional fire, the possibility of combustion caused by electrical factors, the possibility of combustion caused by the combustion cannot be ruled out, and the possibility of combustion caused by human incidentalism such as cigarette butts cannot be ruled out.” The National Institute of Scientific Investigation presented an opinion that the specific part of the place of combustion was imprising around theme part (including the residual dust of the floor).

The aggregate amount of insurance proceeds for the subject-matter is 50,141, 185, 50, 141, 185 Defendant Facilities 49,108, 525, 75, 550, 573 Plaintiff Inventory 5,02, 658, 21,419,390

D. The Plaintiff entered into a fire insurance contract with the Mzz fire and marine insurance company with respect to the instant store, and the insurance money received by the Plaintiff and the Defendant based on the said insurance is as follows.

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