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(영문) 춘천지방법원 2015.01.20 2014가단30820
손해배상(기)
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) amounting to KRW 3,00,000,000 to the Plaintiff (Counterclaim Defendant) and the amount pertaining thereto from November 22, 2014 to January 20, 2015.

Reasons

1. Facts of recognition;

A. On September 1, 2010, the Plaintiff entered into a lease agreement with the Defendant on the condition that the lease deposit is five million won, monthly rent 400,000 won, and the lease deposit is set from September 1, 2010 to February 28, 2012, with respect to the lease deposit for the first floor 186,92 square meters (hereinafter “instant real estate”) among the Gangseo-gun Hongcheon-gun’s ground reinforced concrete structure and the building building built on the ground and the third floor private teaching institutes and the housing built on the third floor (hereinafter “instant real estate”). On July 4, 2012, the Plaintiff entered into a new lease agreement with the Defendant (hereinafter “instant lease agreement”). A lease agreement with the effect that the said lease contract is renewed and the lease deposit is two million won, monthly rent 500,0000 won, and the lease term is from July 4, 2012 to July 3, 2014.

B. The Plaintiff operated a restaurant with the trade name “D” in the instant real estate, and from March 2013, water leakage phenomenon occurred in the ceiling of the instant real estate.

C. Afterwards, the Defendant accepted a tent number on four occasions, but did not completely resolve the leakage phenomenon.

Under the instant lease agreement, the Plaintiff did not pay a total of KRW 3 million for the rent from November 201, 2012, from January 201, 2013 to April 2013, and from June 2013, and did not pay the rent from October 2013.

E. Accordingly, on September 3, 2013, October 7, 2013, and February 7, 2014, the Defendant notified the Plaintiff of the intention to terminate the said lease on the ground of the foregoing delinquency in rent.

F. The Plaintiff removed from the instant real estate on March 8, 2014, but the key to the instant real estate has not yet been returned to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 4 (including each number in case of additional evidence), the purport of the whole pleadings

2. Determination on the main claim

A. Although the Plaintiff’s assertion was discovered, the Defendant failed to perform its repair obligation, and the Plaintiff’s use of the instant real estate is in accordance with the purpose of the lease.

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