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(영문) 수원지방법원성남지원 2019.08.23 2019가단1007

양수금

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. A. Around April 1, 2017, D: (a) around April 1, 2017, D leased KRW 600,000,000 monthly rent (excluding value-added tax) and from April 1, 2017 to October 31, 2017 to the Defendant, among Fdong buildings located in Seongbuk-gu, Seongbuk-gu E, Sungnam-gu, Seoul, with the size of 1,285.48 square meters per annum without a lease deposit.

D around November 1, 2017, around November 1, 2017, the term of lease with the defendant was set from November 1, 2017 to December 31, 2017, and the above term of lease was renewed as KRW 410,000 (excluding value-added tax) per month.

D around January 1, 2018, the Defendant added the Fdong building 1,134.66 square meters to the second floor of the Fdong building with the leased object, extended the lease period to March 31, 2018, and entered into a renewal contract to change the rent to KRW 5 million per month (excluding value-added tax).

(hereinafter referred to as “the instant lease agreement”). B.

In the instant lease agreement, the Defendant shall restore the leased object to the D and return it to the D, and if the Defendant fails to perform the duty of restoration by the date of termination of the contract, D may act on behalf of the Defendant at the expense of the Defendant, and D may pay from the security deposit of the Defendant the remainder after deducting the rent, management fee, penalty, penalty, penalty, penalty, and tax and public charges until the completion

C. The Defendant delivered the leased object to D on April 30, 2018.

D Around July 15, 2018, around July 15, 2018, entered into a painting construction contract with G (H) which is one’s own arche and KRW 18,323,525, and remitted KRW 18,323,525 as a matter of the construction cost on August 31, 2018.

E. Around December 17, 2018, D transferred KRW 18,323,525 to the Plaintiff for restoration expenses, and KRW 14,677,410 for damages equivalent to the rent from the completion date of delivery of leased object to the completion date of restoration, and D notified the Defendant of the fact of transfer on December 21, 2018.

[Ground for Recognition: Facts without dispute, Gap evidence 1-2, 3, 4, Gap evidence 4-1, Gap evidence 5-1, 2, 3, and the purport of the whole pleadings]

2. Judgment on the Defendant’s main defense

A. The defendant's defense of this case from D.