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(영문) 인천지방법원 2019.10.11 2018가합486

차임 등

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 159,774,053 to the Plaintiff (Counterclaim Defendant) and its related amount from August 30, 2019 to October 11, 2019.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. 1) On June 12, 2017, Nonparty C entered into a lease agreement. Nonparty D and the third floor F of building E (hereinafter “instant commercial building”) in Nam-gu, Incheon (hereinafter “instant commercial building”).

(1) The lease deposit is KRW 100,000 (in the event of a contract, KRW 200,00 won; KRW 80,000,000 (in the event of a contract, KRW 10,000), monthly rent, KRW 10.5 million (in the event of a contract, value-added tax, and subsequent payment), and the lease term is determined from July 10, 2017 to July 9, 2019, and the following lease was concluded: (i) KRW 100,00 (in the event of a contract, 24 months) was leased to a restaurant; and (ii) KRW 100,000 is paid to D for the purpose of the restaurant. Article 7 (Cancellation of Contracts) ① The lessee is entitled to request the reduction of the rent for the purpose of the lease without any negligence; and (iii) the lessee shall be entitled to request the reduction of the rent for the remainder of the lease term if the lessee fails to use or benefit from the lease.