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(영문) 의정부지방법원고양지원 2015.08.21 2015가합854
임대차보증금반환
Text

1. The Defendant’s KRW 21,612,787 as well as the Plaintiff’s annual rate of 5% from January 9, 2015 to August 21, 2015.

Reasons

1. On December 7, 2012, the Plaintiff: (a) leased a lease deposit of KRW 60,00,000; (b) KRW 4,180,000 (including value-added tax) for the rent month; and (c) from December 17, 2012 to December 17, 2014, the Plaintiff operated a general restaurant in the instant building (hereinafter referred to as “instant lease agreement”); and (d) the main contents of the instant lease agreement are as follows.

Article 6 (Change of Structure and Internal Facilities) (1) If it is necessary to prevent internal facilities to change the store structure or electricity, water supply, telephone propaganda equipment and other public actions during the term of the lease, and all facilities are needed, it shall be installed not in conflict with the Building Act and other administrative regulations, and even if the cost is borne by the defendant, it may be manufactured with the prior consent of the defendant.

Provided, That the defendant shall not be liable for the function and repair of the public structures and for all damages and expenses arising therefrom.

(2) Even where the Plaintiff obtained written approval for alteration, new extension, etc., but the contract is terminated, the part of new extension, which was established at the expense of the Plaintiff, shall be restored to its original state at the expense of the Defendant, and the expenses required in this case and any relevant expenses cannot be claimed to the Defendant.

(1) When the contract is terminated, the Plaintiff shall take out the Plaintiff’s property and the key and the property owned by the Defendant before the expiration of the contract, return the key and the property owned by the Defendant, and order the Defendant to order the entire leased property.

(2) The Plaintiff shall remove the facility partitions and other structural modifications installed by the Plaintiff at the Plaintiff’s expense, and restore the facility to its original and original form at the time of the conclusion of the contract prior to the expiration of the contract.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 3, argument.

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