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(영문) 대구지방법원영덕지원 2013.08.13 2013가단4062

건물인도 등 청구의 소

Text

1. The Defendant (Counterclaim Plaintiff) B and the Defendant C respectively to the Plaintiff (Counterclaim Defendant):

(a) No. 1 floor of the buildings listed in the annex list;

Reasons

1. Basic facts

A. On March 12, 2009, the Plaintiff entered into a lease contract with Defendant B and the Plaintiff’s husband, with respect to the portion of 233.7 square meters in the first floor among the buildings indicated in the attached list owned by the network D (hereinafter “instant building”), which is KRW 50 million (for the remainder of 40 million deposit, the Plaintiff shall pay KRW 400,000 per month as monthly interest in lieu of deposit) and KRW 150,000 (one million per month from October 2009 to September 2010), KRW 30,000 per premium, and the lease contract from March 12, 2009 to March 12, 2013 (hereinafter “the lease contract”). The lease contract may continue to be concluded with the lessor’s immediate termination of the lease contract (hereinafter “the lease contract”).

B. On March 12, 2009, the Plaintiff received KRW 30,000,000 from Defendant B, out of the deposit under the instant lease agreement.

C. The Plaintiff was paid KRW 16,450,00 in total on 15 occasions from April 13, 2009 to June 15, 201 by monthly rent, etc.

On September 2009, the Plaintiff paid KRW 10,000,000 among the security deposit to Defendant B, and deducted the unpaid monthly rent of KRW 4,50,000 from the security deposit to be refunded.

(Really paid money is KRW 5,500,000). E.

On January 2010, the Plaintiff paid KRW 10,000,000 among the security deposit to Defendant B, and deducted the unpaid monthly rent of KRW 6,50,000 from the security deposit to be refunded.

(F) On May 1, 2009, Defendant B prepared and delivered to the Plaintiff the following loan certificates: (a) the money actually paid is KRW 3,500,000.

Japan: 30,000,000 Won per month for the repayment period: 30,000 won per month

b. Interest: (a)on May 1, 2009: (b) on the date on which the above amount was duly borrowed in 10 per cent per annum, and on the date on which the said date would be repaid: there is no dispute.