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(영문) 울산지방법원 2019.07.10 2018가단12932
임대차보증금반환
Text

1. The defendant is on the certificate of authorization for child-care centers for CD (private child-care centers) from the plaintiff.

Reasons

1. Basic facts

A. On November 27, 1995, the Defendant established a child care center (hereinafter referred to as “child care center”) under the name of “H child care center” (hereinafter referred to as “instant child care center”) under the name of “H child care center” (hereinafter referred to as “instant child care center”) with loans from G Bank as the name of 48,000,000 won and November 30, 1996 for the purpose of operating a child care center from the first floor of the building owned by the Defendant on the land and the land of Ulsan-gu E and F (hereinafter “instant building”) and operated the said child care center (the head of the facility) from March 1, 1996 to February 27, 198.

B. Around March 2, 1998, J leased the instant building from the Defendant to KRW 25,00,000, monthly rent of KRW 400,000, premium of KRW 10,000,000, and the instant child care center was operated from around that time until February 28, 1999. At that time, the Plaintiff was a child care teacher.

C. Around March 5, 1999, the Plaintiff entered into a contract with the Defendant to lease the instant building at KRW 20,000,000, monthly rent of KRW 200,000 (hereinafter “the instant first lease contract”). Around that time, the Plaintiff paid KRW 10,000,000 (hereinafter “the instant premium”) for the key money to the former lessee, and operated the instant childcare center from around that time.

On March 17, 2005, the plaintiff completed the business registration of the child-care center in this case "K, trade name: D child-care center, opening date: January 1, 2005."

E. On June 24, 2012, the Plaintiff and the Defendant concluded a lease agreement between the Plaintiff and the Defendant regarding the instant building several occasions, which provides that “The right to permit and all of the child care centers shall have the right to obtain permission and all of the rights, and shall not be subject to civil and criminal liability in the event of an accident,” with the content that “The Plaintiff and the Defendant shall prepare a lease agreement between KRW 43,000,000, monthly rent of KRW 850,000, and the lease term of KRW 2 years.”

F. The Plaintiff and the Defendant on June 2, 2015: 43,000.

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