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(영문) 전주지방법원 2019.04.25 2018나2533
임대료등
Text

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

Defendant: 13,670,969 Won and 10,718.

Reasons

1. Facts of recognition;

A. A around December 1, 2012, around D and four other persons: (a) leased the lease deposit of KRW 80,000,000, monthly rent of KRW 7,000,000, and the period of November 30, 2017; (b) up to November 30, 2017, the lease deposit of KRW 161.568,00 (hereinafter referred to as “the performance hall portion”) was leased to KRW 20,00,00, monthly rent of KRW 2,000,000, monthly rent of KRW 2,000, and the period of November 30, 2017; and (c) the lease of KRW 161.568,00 (hereinafter referred to as “the performance hall portion”); and (d) the lease of KRW 1,00,000,000, monthly rent of KRW 2,000, and the lease of KRW 10,210.

B. From around 2014, the Defendant operated the instant leased part and the restaurant in the performance place with the foregoing D, and on October 30, 2014, the Defendant agreed to lease the instant leased part from A with the same content as the said lease agreement (hereinafter “instant lease agreement”), and on the instant lease agreement, stating that “The instant lease agreement is a case where the contract is renewed as the contractor changes even among these contracts, and thus, all matters are the same as the previous contract terms.”

C. From October 30, 2014 to January 28, 2015, the Defendant paid A KRW 37,350,000 in total as lease deposit.

On November 17, 2014, the Defendant registered the instant leased part with the trade name “F” (hereinafter “instant restaurant”) as the seat, and filed a report on the closure of business on April 16, 2015.

E. On June 8, 2015, A leased the leased portion of the instant case to D in KRW 50,000,000, monthly rent of KRW 7,000,000. On the same day, the Defendant changed the name of the business operator by G and M, which is the wife of D.

F. Meanwhile, on the other hand, A died on December 6, 2018 during the proceeding of this Court (hereinafter “the deceased”), and Plaintiff J, K, and L, who was his wife, took over the instant lawsuit as the inheritor of the deceased.

【Ground of recognition” has no dispute, Gap 2 and 7 evidence, and the court of first instance prior to the trial.

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