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(영문) 수원지방법원평택지원 2017.07.20 2016가단49424
손실보상금 확인
Text

1. As to the facilities listed in the separate sheet No. 1 list, compensation for losses to the C District Urban Development Project Cooperatives amounting to KRW 103,955,00.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On February 8, 2010, D and E, from the Defendant on the first floor of Pyeongtaek-si F-based building, leased KRW 50,000,000, monthly rent of KRW 3,500,000 (in addition, KRW 16,000 per month), and the lease period of February 15, 2012 (hereinafter “the lease contract of this case”). From around that time, D and E operated a restaurant (hereinafter “instant restaurant”) with the trade name of G.

B. Since then, D, etc. was unable to continue to operate the above restaurant, and the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) was introduced as a new lessee. On May 5, 2010, the Plaintiff entered into a lease agreement with the Defendant on the lease deposit of KRW 50,000,000, monthly rent of KRW 3,500,000 (additional tax, the last day of each month) and the lease term of May 4, 2012 (hereinafter “instant lease agreement”) with the Defendant, and operated the instant restaurant by delivery.

C. According to the contract special agreement entered into at the time of the conclusion of the instant lease agreement, “the premium and facility cost of 2.0 is not recognized, and all matters, including premium and facility cost, were conducted by mutual agreement between the former lessee and the lessee, and thus, it is irrelevant to the owner of the building and the H Licensed Real Estate Agent, and later the lessee is not liable for civil and criminal liability to the building owner or H Licensed Real Estate Agent. 3. The lessee is not liable for all facilities (including repair costs) and equipment installed by the lessee as the lessee requires investment by the lessee, such as facilities, repair, installation, purchase, etc., and thus, shall not be held liable to the latter owner of the building or any other person.”

Meanwhile, the instant restaurant site was incorporated into the C District Urban Development Project Zone where the C District Urban Development Association (hereinafter “instant association”) proceeds, and the instant association was compensated for losses for the instant restaurant while performing the said urban development project.

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