logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.11.29 2015가단5369167
손해배상(기)
Text

1. The Defendant-Counterclaim Plaintiff’s delivery of real estate indicated in the attached Form from the Plaintiff-Counterclaim Defendant.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On April 3, 2009, the Defendant entered into a lease agreement with C, the wife of the Plaintiff, with respect to each of the real estate indicated in the attached Form No. 20,000,000, monthly rent of KRW 2,00,000, and the lease term from April 30, 2009 to April 30, 201.

B. On April 3, 2011, the Defendant concluded a contract with C to renew the said lease by extending the lease term to April 3, 2013 without changing the lease deposit, and by increasing the monthly rent to KRW 2,100,000.

C. On April 3, 2013, the Defendant concluded a contract with C to renew the said lease agreement by extending the lease term to April 3, 2015 without changing the lease deposit, and by increasing the monthly rent to KRW 2,200,000.

On December 26, 2013, upon receiving a request from C and the Plaintiff to change the lessee under the above lease agreement to the Plaintiff, a representative on the business report certificate, the Defendant entered into a contract with the Plaintiff to extend the lease deposit and monthly rent to December 16, 2015, and to extend the lease term by December 16, 2015.

E. The Plaintiff and C were engaged in restaurant business from April 2009 to the date of closing argument of the instant case.

[Ground of recognition] The fact that there is no dispute, Gap's 1, 2, Eul's 1-3, Eul's 1-2, Eul's 2, and the purport of the whole pleadings

2. According to the facts as seen earlier prior to the determination of the Plaintiff’s claim for refund of deposit for lease and the Defendant’s claim for delivery, the above lease agreement was terminated on December 16, 2015, and thus, the Defendant is obligated to refund the above lease deposit to the Plaintiff, and the Plaintiff is obligated to deliver the instant store to the Defendant.

In addition, each of the above obligations against the plaintiff and the defendant are mutually liable.

arrow