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(영문) 대구지방법원 2017.07.14 2016가단339

보증금반환및손해배상

Text

1. The Defendant’s KRW 19,161,88 as well as the Plaintiff’s annual rate from June 15, 2014 to July 14, 2017, and the following.

Reasons

1. Basic facts

A. On December 14, 2010, the Plaintiff leased the entire second floor among the commercial buildings located in Daegu-gu Seoul (hereinafter “instant building”) from B as the lease term from December 15, 2010 to December 14, 2017, the lease deposit amount of KRW 80,000,000, monthly rent of KRW 7,300,000 (including prepaid and value-added taxes on December 15, 201, respectively).

B. The Plaintiff was in arrears for not less than 3 months, and B terminated the above lease contract on the ground of the Plaintiff’s delinquency in the monthly rent, and filed a lawsuit against the Plaintiff, such as the surrender of building name.

On January 28, 2013, the Plaintiff and B adjusted the following contents in the Daegu District Court 2012Kadan18264 case:

1. The Plaintiff shall pay KRW 21,50,000 to B until February 28, 2013, but if the payment deadline is set, the Plaintiff shall pay the unpaid amount plus damages for delay at the rate of 20% per annum from the day following the payment deadline to the day of full payment.

2. On December 14, 2010, when the Plaintiff completed the performance of the obligation to pay under the foregoing paragraph (1), the effect of the lease agreement concluded between the Plaintiff and B on the instant building is maintained until June 30, 2015.

3. In a case where the lease agreement remains in force as described in the above paragraph (2), when the Plaintiff is in arrears with the payment of rent for more than two years, the Plaintiff shall immediately deliver the instant building to B.

C. Meanwhile, on the other hand, the Defendant purchased the instant building from B on September 11, 2013, and completed the registration of ownership transfer on October 15, 2013, and succeeded to the rights and obligations under the said protocol against the Plaintiff.

Since August 15, 2013, the Plaintiff, after the conclusion of the mediation, did not delay the rent from August 15, 2013, and the Defendant obtained an execution clause to succeed to the pertinent protocol and applied for the enforcement of the surrender of the instant building on June 5, 2014.

(The grounds for recognition) The Daegu District Court 2014No. 1300 [No. 1300] / [The grounds for recognition] the absence of any dispute, and entry No. 1, 2, and 3

2. The assertion and judgment

(a) claim for a lease deposit;