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(영문) 인천지방법원부천지원 2015.04.01 2013가합8525
임대차보증금 등 반환 및 손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) regarding the business license stated in the attached Table 2 from the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. Article 8 (Bearing of Heavy Taxes and Taxes due to Lease Use) of the Lease Agreement between D and the Defendants (A lessee shall pay the amount in excess to the lessor prior to the due date of the payment, in cases where the lease exceeds the amount normally imposed on the lessor due to the peculiarity of the lease use.

If the lessee of a special agreement closes his/her business without transferring the “E” to another person, the lessee’s business license certificate shall be transferred to the lessor. If the lessee fails to perform this, the lessee shall reimburse the expenses incurred due to the cancellation of the business license.

D On May 4, 2012, the Defendants leased the instant store owned by the Defendants with a lease deposit of KRW 30 million, premium of KRW 30 million, monthly rent of KRW 2 million (excluding value-added tax), and two years from May 4, 2012 to May 3, 2014, respectively.

(hereinafter “instant lease agreement”). D on the same day, paid the Defendants a sum of KRW 60,000,000 for lease deposit and premium, and received delivery from the Defendants.

The main contents relating to the instant lease agreement are as follows.

B. On May 18, 2012, D began with the name of “E” in the name of “E” with respect to the instant store on May 18, 2012, and after obtaining permission for an entertainment bar business under the name of “E” from the head of the Nam-dong Incheon District Tax Office, on May 30, 2012. (2) Thereafter, D began with F, with the trade name of “E” at the instant store.

C. Around July 2012, around the time when the instant store begins with a flood 1D and F, rainwater, which fell on the day of the instant store around July 2012, flows into the instant store located on the first floor underground through the outer wall of the building.

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