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(영문) 수원지방법원 2020.07.16 2019나69087
보증금반환
Text

The judgment of the first instance shall be modified as follows:

The defendant, from the plaintiff 1, will provide C and 1st floor D stores.

Reasons

1. Facts of recognition;

A. On May 24, 2018, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, who was engaged in the business of selling books and beverages in the name of “D” in the name of “D”, under the following terms, to lease the instant store (including the business of selling books and beverages).

The lease period of KRW 5 million and monthly rent of KRW 400,00: From June 1, 2018 to May 31, 2019: The lessor shall guarantee the lessee’s income accruing from the business in the leased premises, such as the sale of books, beverages, and various cultural events (excluding publication and printing) in the aforementioned address.

A lessor shall exclude a lessee from interfering with the operation method of the lessee.

6. It is possible to modify items through the arrangement and consultation of items in the leased premises.

7. Ascertainment that the actual right holder of the above leased premises is the lessee.

B. On May 2019, the Plaintiff terminated the instant store’s business.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The Defendant violated the instant lease agreement by infringing the Plaintiff’s right to operate the instant store and continuously interfering with the business.

Therefore, the Plaintiff terminated the lease contract with the delivery of the duplicate of the instant complaint, and sought payment of KRW 5 million in lease deposit and KRW 5,795,000 in total, including KRW 795,00 in sales of the instant store on July 2018 and KRW 795,00 in sales of the instant store that was not paid by the Defendant, and damages for delay.

B. Since the Plaintiff violated the Defendant’s rights and interests by restricting the lessor’s autonomous access after concluding the instant lease agreement, and the Plaintiff violated the instant lease agreement by damaging or changing the goods inside the instant store, the instant lease agreement would rather be subject to the Defendant’s notice of termination.

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