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(영문) 인천지방법원 2015.07.22 2015나5170

임대차보증금 등

Text

1. Of the judgment of the first instance court, KRW 2,310,608 against the Plaintiff and its related thereto from July 15, 2014 to July 22, 2015 against the Defendant.

Reasons

1. Basic facts

A. On January 12, 201, the Plaintiff and the Defendant concluded a lease agreement with the Plaintiff to lease (hereinafter “B102-2 lease agreement”) on the lease deposit amount of KRW 5 million, monthly rent of KRW 450,000 (excluding value-added tax), and January 14, 201, on the lease deposit amount of KRW 5 million, monthly rent of KRW 450,000 (excluding value-added tax), and from January 14, 201, regarding the building B10-2 (hereinafter “B102-2 lease agreement”).

B. On June 21, 2011, the Plaintiff and the Defendant concluded a lease agreement (hereinafter “B101-1 lease agreement”) with respect to B101-1 (area 2.58 square meters; hereinafter “B101-1”) on the lease deposit, KRW 10 million per month of rent, KRW 600,000 per month, and KRW 600,000 per year from July 1, 2011, which the Plaintiff agreed to lease (hereinafter “B101-1 lease agreement”).

C. Meanwhile, on June 9, 201, the Plaintiff and the Defendant concluded a contract for the lease of a reproduction (hereinafter “reproduced lease contract”) that the Defendant agreed to lease, setting the deposit amount of KRW 400,000,000 and KRW 300,000,000,000,000,000 for pro pro rata 850 copies (i.e., additional costs depending on the volume of reproduction).

After the expiration of the lease period for No. B101-1, the Plaintiff occupied and used No. B101-2 by transferring equipment, etc. falling under B101-1 from August 1, 2012 to B101-2 (area 103 square meters; hereinafter “B101-2”).

E. The rent for B101-1 unpaid by the Plaintiff is KRW 5,940,00, KRW 9,652,500, and the rent for B102-2 unpaid by the Plaintiff, KRW 5,070,680, and the overdue management fee that the Defendant paid on behalf of the Defendant due to the Plaintiff’s unpaid amount is KRW 15,560,340 (after deducting KRW 400,000,000).

F. On May 23, 2013, the Defendant paid KRW 215,160 to the Plaintiff as the name of the refund of deposit set forth in B101-1.

[Based on Recognition - Unsatisfy Facts, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 4, 6, 7, 10 through 14 (including each number), the purport of the whole pleadings]

2. Determination

A. The defendant asserts that the plaintiff is the plaintiff.