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(영문) 창원지방법원 진주지원 2018.07.06 2018가단882

청구이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On June 25, 2012, the Plaintiff leased the first floor store (hereinafter “instant store”) from June 25, 2012 to June 24, 2014 from June 25, 2012 to June 24, 2014 with the term of lease fixed at KRW 24 months, lease deposit amounting to KRW 5,00,000, and KRW 300,000 per rent (hereinafter “instant lease”). The Defendant paid the said lease deposit to the Plaintiff around that time, and received the said store delivery.

B. After the Defendant delivered the instant store to the Plaintiff, the Defendant filed a lawsuit against the Plaintiff for the claim for lease deposit with this Court 2014Gaso9724, and this Court rendered a judgment on May 28, 2015, stating that “the Plaintiff shall pay to the Defendant 5,00,000 won and the amount equivalent to 5% per annum from October 25, 2013 to April 4, 2015, and 20% per annum from the next day to the day of full payment” (hereinafter “the final judgment of this case”). The said judgment was finalized around that time (hereinafter “the final judgment of this case”).

(ii) [The facts without dispute over the basis of recognition, Gap evidence 1 to 3, Eul evidence 2, the purport of the whole pleadings.

2. Determination as to the cause of action

A. The plaintiff's assertion 1) The rent under the lease contract of this case is KRW 300,00 per month. The defendant's claim is KRW 100,000 out of June 2012, and KRW 2,600,000 out of the rent for 13 months from July 2012 to September 2012, and KRW 13 months from December 2012 to September 2013, 200 (=20,000 x 13 months) x 13 months from October 2012 and November 2013 x 30,000 won (=30,000,00 won x 20,000 won x 20,000 won, x 200,000 won, x 300,000 won, x 300,000 won, x 2036,030,00 won, etc. of the above claim of this case.