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(영문) 청주지방법원제천지원 2016.06.30 2015가단1587
임대보증금반환
Text

1. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)

A. A store of 114.4 square meters on one floor among buildings listed in the attached list.

Reasons

1. Basic facts

A. On March 2012, the Plaintiffs paid 20,000,000 won in deposit, monthly rent of KRW 1,00,000 (payment of KRW 30,000 to the 29th day of each month) to the Defendant’s store of KRW 114.4 square meters on each floor (hereinafter “instant store”) from among the buildings indicated in the attached list from the Defendant on the attached list, and decided to lease for a period from March 30, 2012 to 24 months from March 30, 2012 (hereinafter “the instant lease contract”). It was difficult for the Defendant to obtain deposit money of KRW 20,00,000,000 (hereinafter “this case’s store”), which is separate from the deposit money of KRW 20,00,000,000 from the deposit money of KRW 20,000,00 from the Defendant’s store, and received the said store from the Defendant’s store to its operation from the said Do.

On the other hand, the plaintiffs and the defendant prepare and divide the above lease agreement with each other. The contract with the plaintiffs is "the contract with the plaintiffs shall not be allowed for the same type of business when the main owner takes over the contract," and there is no facility cost for the same type of business. The contract with the defendant is "the contract with the defendant and the main owner takes over the contract with the contract with the defendant," and the lessor shall not engage in the same type of business when the main owner takes over the contract with the expiry of the contract, and the lessor shall not recognize the facility cost and the premium (hereinafter referred to as "the special agreement with the special agreement with the plaintiffs as to the above part of the contract with the special agreement with the plaintiffs as to the above part of the contract with the special agreement as to the above part of the contract," and the lease of commercial building (hereinafter referred to as "the special agreement of this case") shall guarantee five years.

B. The instant lease agreement was renewed on March 29, 2014, and the term of lease was changed to March 29, 2015.

C. On November 3, 2014, the Plaintiffs paid to the Defendant the rent by October 29, 2014.

The Defendant, on February 12, 2015, concluded the instant lease agreement since the overdue charge on the rent to the Plaintiffs reached the fourth period.

The Plaintiffs, until March 30, 2015, order the Defendant to restore the instant store to their original state.

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