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(영문) 대구지방법원 2015.02.05 2014가합2222
손해배상(기)
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2.(a)

The plaintiff (Counterclaim defendant) shall be the defendant (Counterclaim plaintiff) on 28,329.

Reasons

1. The principal lawsuit and counterclaim shall also be deemed the facts constituting the basis;

A. On April 10, 2009, the Plaintiff and the Defendant entered into a lease agreement between the Plaintiff and the Defendant with a view to operating the Fmatet by leasing a parcel of land and a part of a building on land outside Daegu Dong-gu, Daegu-gu, and one another. (2) On February 9, 2010, the Plaintiff agreed to take over the said Fmat from E, and entered into a lease agreement between the Defendant and the Defendant on February 25, 2010 with the term of the remaining lease stipulated in the said lease agreement entered into between the Defendant and E (hereinafter “the instant first lease agreement”).

The main contents of the instant first lease agreement are as follows.

Article 10 (Evidence of A)

1. In the location of indication of real estate: The area of land category-site, area-1,498.8 square meters ( around 450.66 square meters): The section to be leased with the structure use- a steel framed structure, area- 345 square meters ( around 22 square meters) and 389 square meters ( around 22 square meters): The entire area of one story, the entire area of Cdong ( around 270 square meters in letter), the part of 1,489 square meters in a site (the store of this case) shall be 1,200 square meters in a site;

A person shall be appointed.

2.With respect to the lease of the immovable property, Article 1 (Purpose) of the Terms and Conditions of the Contract, the lessor and the lessee, by agreement, will pay the lease deposit and the rent as follows:

Deposit:The down payment of KRW 100,000,000 per annum (100,000): the gold day shall be paid and received at the time of the contract. The receiver (Defendant B) shall pay the rent of KRW 10,000 on the 10th of each month.

Article 2 (Duration) The lessor shall deliver the above real estate to the lessee by April 10, 2009, and the lease period shall be from the date of delivery to April 9, 2014, while the lease period shall be from the date of delivery to April 10, 2014.

Article 5 (Termination of Contract) Where a lease contract is terminated, the lessee shall restore the above real estate to its original state and return it to the lessor.

1.The terms of the special agreement shall be pre-paid and value added. 2. The lessee may not require the lessor to claim facility costs and key money for the leased portion.

3.The lessee shall directly become the lessee during the lease period.

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