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Reasons
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(영문) 전주지방법원 2014.10.15 2014가합1316
건물인도 등
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1. The Defendant (Counterclaim Plaintiff) received KRW 54,95,145 from the Plaintiff (Counterclaim Defendant) simultaneously.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On April 16, 2012, the Plaintiff paid KRW 100,000,000 to the Defendant for deposit money, KRW 10,000,00 for monthly rent, KRW 10,000 for monthly rent, on the 20th day of each month, and KRW 9,00,000 for monthly rent, and KRW 9,00,00 for four months from June to September of each year for the period of four months, and the lease period is two years for the following special agreements:

(hereinafter referred to as “instant lease agreement”)

1. The building boiler and various facilities shall be kept in the present state;

2. Each public charge shall strictly adhere to the date of the contract;

3. The Plaintiff’s premium is not recognized.

4.The priority shall be given to new tenants the goodwill and the goodwill for non-negotiable items.

5. The monthly rent shall be fixed strictly and may be terminated if it fails to meet the requirements for two months;

6. Maintenance and improvement of the building shall be borne by the Defendant every time, and when the boiler is replaced, the Plaintiff and the Defendant shall each bear 50%.

Provided, That the second floor water shall be repaired by the plaintiff when water leakage occurs after the vehicle.

B. The Defendant paid KRW 100,000,000 to the Plaintiff, and operated the instant bath with the trade name “C” from April 16, 2012 to April 20, 2014.

C. Until June 2012, the Defendant paid the Plaintiff the monthly rent in full, and only a part of the monthly rent was paid from July 2012 to July 2012 as follows.

The amount of monthly rent not paid (won) for the month 20.7.20 9,00,000,000 7,800,000 on July 20, 2012, 200 1,200,000 9,000,000 on October 22, 2012, 10,000 1,000,000 9,000,000 on November 21, 200, 300,000 9,000,000 69,000,000 69,000; 10,000,000 8,000,000, 10,000, 10,000,000 8, 200, 2000, 2000, 2000, 9,003

D. On July 3, 2012, the Defendant: (a) with respect to the repair of the second floor water of the bath in this case to E running D on July 3, 2012; (b) KRW 1,200,000; and (c) with respect to materials and personnel expenses, etc.

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