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(영문) 대전지방법원천안지원 2019.04.03 2018가단110383
약정금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 15, 2014, the Defendant leased to C the bathing bath of the underground floor E of the building D (hereinafter “instant bathing bath”) of the Seo-gu Seo-gu Seoul Special Metropolitan City, Seocheon-gu, the deposit amount of KRW 50 million, KRW 2.8 million monthly rent, and KRW 3 years, and the operation of the said bathing bath was carried out by the Plaintiff and its wife.

B. Around August 2016, the Plaintiff concluded a construction contract to remodel the instant bath to female-only friendship and implemented the construction work.

C. On November 2, 2016, the Defendant entered into a lease agreement with the Plaintiff on the condition that the instant bath is leased to the Plaintiff with a deposit of KRW 50 million, KRW 3 million per month, and KRW 24 months per month (hereinafter “instant lease agreement”).

In the above contract, the down payment of KRW 20 million is paid at the time of the contract, and the remainder of KRW 30 million is paid on January 25, 2017. The lessee may remodel or alter with the approval of the lessor, but the lessee may restore the property to its original state at the expense of the lessee before the date of return of the real estate, and the lessee shall not claim for the premium and facility expenses from the lessor and shall not participate in the right (the part stating the right).

On December 6, 2016, the Defendant filed a complaint against the Plaintiff as the Daejeon District Court Branch Branching 2016No. 90, and on January 18, 2017, the telephone for filing a suit (hereinafter “the telephone for filing a suit”) was established as follows.

On the other hand, the part set forth in the Mazas of the following 4. Paragraph (1) is the part as modified by the application for modification of the purport of the claim on December 12, 2016 of the above case.

1. On November 1, 2018, the Plaintiff received a deposit of KRW 50 million from the Defendant, and simultaneously delivers the instant bath to the Defendant.

(b)

3. The Plaintiff paid KRW 30 million, which was unpaid, to the Defendant by January 25, 2017. If the Plaintiff did not pay KRW 30 million by the said date, the benefit of time shall be paid by the Plaintiff.

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