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(영문) 수원지방법원안산지원 2015.12.16 2014가단117748

임대차보증금

Text

1. The defendant shall pay to the plaintiff KRW 16,140,125 at the same time with the delivery of heading B, 602 from the plaintiff in Sinsi-si.

2...

Reasons

Basic Facts

On April 27, 2012, the Plaintiff entered into a commercial building lease agreement (hereinafter “instant contract”) with the Defendant and Silsi B, 602 (hereinafter “instant commercial building”), which stipulates the lease deposit of KRW 30,000,000, monthly rent of KRW 850,000 (excluding the subsequent payment on April 28, 201), and the lease term of KRW 28,000, from April 28, 2012 to April 28, 2014 (hereinafter “instant contract”).

The Plaintiff paid each of the remainder KRW 27,000,000 to the Defendant on April 29, 2012, and paid each deposit in full, and received delivery from the Defendant around that time.

On March 5, 2014, while the Plaintiff demanded the Defendant to build soundproofing construction of the instant commercial building and did not pay rent from August 28, 2013, the Plaintiff started installation and soundproofing construction for partial sub-lease.

Accordingly, on March 6, 2014, the Defendant revealed that the Plaintiff would not comply with the demand for the apportionment of soundproof construction cost, and notified the Plaintiff that the Plaintiff would not pay it by the last day of the contract term, and demanded that the Plaintiff initiate the scambling lawsuit after the expiration of the contract term, and that the monthly rent would be KRW 80,000.

On March 19, 2014, the Plaintiff paid the Defendant a total of KRW 6,545,00 (including surtax) for seven months, which was pushed down. After completing the interior construction of the instant commercial building, the Plaintiff continued possession and use after the expiration of the contract period.

The defendant demanded the plaintiff to prepare a contract that reflects the increase in rent, but the plaintiff did not comply with it.

On September 1, 2014, the Plaintiff leased the instant commercial building 502 and urged the Defendant to return the deposit money on the grounds that the instant contract term expires on November 7, 2014, and filed the instant lawsuit against the Defendant on the 25th of the same month.

Since then, the Plaintiff left the commercial building of this case, but still remains in possession without delivering it to the Defendant, and did not pay the rent from March 2014.

[Ground of recognition] A. 3, 5, 6, 8.