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(영문) 서울중앙지방법원 2016.02.16 2015가합508087
임대보증금반환 등
Text

1. The Defendant (Counterclaim Plaintiff) is the Seoul Central District Court with respect to the real estate stated in attached Form 4 from the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is an association that leases a charging station to private taxi drivers as its members for the business of private taxi drivers and operates a taxi charging business, etc. The Defendant is the owner of Gangnam-gu Seoul Metropolitan Government (hereinafter collectively referred to as “E charging station”). The Defendant is the Gangnam-gu Seoul Metropolitan Government 2,772m2, CY, CY 734m2, D 130m2 and ELP and its appurtenant facilities (hereinafter collectively referred to as “E charging station”).

B. On June 2012, the Plaintiff entered into a charging station lease agreement and set up a right to collateral security (1) with respect to the E filling station, the Seoul Private Taxi Welfare Association (hereinafter “Welfare Association”) (hereinafter “Welfare Association”).

(2) From September 1, 2011 to August 31, 2014, the lease deposit amount of KRW 10,000,000,000 and KRW 10,000 per month of rent was acquired by taking over the status of the lessee of the lease contract that was entered into between September 1, 2011 and September 31, 201 with the Defendant as the lessor. (2) The key contents of the E-charge lease are as follows:

A lessor of a lease contract: The lease period under this contract under Article 2 (Lease Period) of Plaintiff 2 shall be three years from September 1, 2011 to August 31, 2014, and the lease period may be extended by mutual agreement between both parties at the expiration of the lease period, and the terms and conditions of the lease shall be re-consulted by both parties at the expiration of the lease period.

Article 4 (Creation of Collateral Security or Chonsegwon, etc.)

1. Where Eul requests the creation of a right to collateral security or chonsegwon, Gap shall without delay issue and provide necessary documents to him/her;

Article 7 (Change, etc. in Structure of Objects)

3. The lessee shall fulfill his duty of due care as a good manager in the use of the object during the contract period, and shall conduct daily maintenance and repair of the object, and the expenses shall be borne by the lessee;

4. In the case of replacing equipment due to the expiration of the life of the automatic washing machine and the charging-related facilities, the lessee shall pay the whole expenses and replace it directly.

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