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(영문) 춘천지방법원 2015.09.24 2014가단35450
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 2,812,259 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim from June 18, 2015 to September 24, 2015.

Reasons

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

1. Basic facts

A. On March 22, 2014, the Plaintiff leased real estate listed in the attached list owned by the Defendant (hereinafter “instant store”) between the Defendant and the Plaintiff to operate an entertainment drinking house at the relevant place, and entered into a lease agreement (hereinafter “instant lease agreement”) with the Plaintiff with respect to the instant store as to the lease term of the instant store from March 22, 2014 to 24 months, lease deposit deposit money of 20 million won (Provided, That payment of KRW 10 million shall be made at the time of the contract, and the remainder of KRW 10 million shall be paid as of December 31, 2014), and the lease agreement with KRW 1.3 million per month (the 19th day of the payment date, and in advance).

B. The Plaintiff paid 10 million won out of the above security deposit to the Defendant on the same day, and received a delivery of the instant store, and operated an entertainment tavern at that time.

The Defendant exempted the Plaintiff from the first month from March 22, 2014 to April 21, 2014, and the Plaintiff paid 1.3 million won for the rent on April 22, 2014 to April 22, 2014, and thereafter did not pay the rent thereafter.

C. On November 11, 2014, the Defendant sent to the Plaintiff a content-certified mail stating that “The instant lease contract is terminated on the grounds of the Plaintiff’s unpaid rent, and by January 25, 2015, the instant store is ordered to be named.” The said mail reached the Plaintiff on November 19, 2014.

On the other hand, the inside of the instant store is of the same structure as a ground plan in the attached Form. The water pipe installed on the ceiling of the entrance passage leading to the public toilet, which fell from water at 10 to 15 seconds. As a result, around July 18, 2014, the said ceiling was collapsed, and lighting electric facilities, etc. were exposed to the hole.

On August 8, 2014, the Plaintiff sent to the Defendant a content-certified mail stating that “the Plaintiff shall demand the Defendant to compensate for the number of the parts above and the business losses caused thereby, and not pay it during that period,” and the said mail is accordingly.

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