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(영문) 광주지방법원 2015.02.17 2014가단8610
채무부존재확인
Text

1. It is confirmed that the Plaintiff’s obligations listed in attached Form 1 against the Defendant do not exist.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. The Plaintiff is a corporation aimed at providing rehabilitation, etc., and around January 24, 201 and January 24, 2013 agreed to provide support for the following business start-up with the Defendant.

1. Of the real estate indicated in the attached Table 2 of the Support Articles, 101 square meters and 47.91 square meters and 201 square meters and 87.91 square meters (hereinafter “instant real estate”);

2. Details of business start-up of general restaurant: 50,000,000 won for rental deposit (Plaintiff’s subsidy: 50,000,000 won for Defendant’s charge: 20,000 won for Defendant’s charge): The subsidy shall be used as a rental deposit for the goods occupied.

The defendant's duty: The security deposit paid to the commercial owner when the withdrawal decision is confirmed shall be deducted from the defendant's charge, such as monthly rent, etc. collected by the plaintiff, and the difference shall be paid to

B. On April 8, 201, the owner of the instant real estate, the Plaintiff, and the Defendant concluded a lease agreement with the following terms (hereinafter “instant lease agreement”).

The indication of real estate: The real estate B shall be the lessor, and the Plaintiff shall be the lessee, and the Plaintiff shall lease the instant real estate, and the Plaintiff shall enter into the following lease agreements to entrust the Defendant, the store operator, with the right to use and benefit from the instant real estate:

Lease deposit: Article 1 (Lease Term): no balance of KRW 50,000,000 for the Plaintiff’s subsidies and KRW 20,000 for the Defendant’s charges: 50,000,000 for the remainder of KRW 20,000 for the Defendant: From April 9, 2011 to April 8, 2013: Article 3 (Return of Lease Deposit and Name of Building) of the Act from April 9, 2013: B shall refund the subject matter to the Plaintiff at the time of the expiration of the contract term, deposit of KRW 70,00,000 for the Plaintiff.

Article 10 (Request for Contract Renewal): B shall not refuse a request for contract renewal made between June and January before the expiration of the term of lease without justifiable grounds.

The lease renewed at the request for renewal of the contract shall be the same as the former lease.

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