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(영문) 서울동부지방법원 2016.10.18 2015가단113164

보증금반환

Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)

(a) annex.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts [the ground for recognition: (a) facts without dispute; (b) evidence Nos. 1 through 4; (c) evidence Nos. 8, and evidence Nos. 2 through 11 (the copy of the lease contract No. 2) were not originally stated in evidence No. 2; (c) but the defendant voluntarily stated the term of existence in the lawsuit No. 2; (d) since it constitutes an alteration, it constitutes an alteration, and thus, the term of existence stated in evidence No. 2 should not be acknowledged; (e) however, according to the purport of the entries and arguments No. 18 of evidence No. 18, the period is public space at the time of preparation of evidence No. 2, and the defendant's agreement between B and the defendant, the delivery date of evidence No. 2 (Duration) No. 2) can be acknowledged as the supplement of the lease period from the delivery date to May 19, 2016.

· Eul evidence Nos. 18, 19, Eul's entry in the evidence Nos. 23 through 36, the purpose of the whole pleadings)

A. On May 23, 2014, the Defendant entered the lease deposit amount of KRW 100 million, KRW 500,000 (value-added tax shall be paid separately, KRW 24% per month, and KRW 20,000,000 per month) between B and B under the brokerage of real estate brokers C (hereinafter “instant real estate”) of the Defendant, without setting the lease deposit amount of KRW 100,000 (value-added tax shall be paid separately, KRW 24% per month, and KRW 20,000 per month), and the lease term shall not be set (this mutual agreement with B, as of May 20, 2014, the delivery date of Article 2 (Duration) was changed from the delivery date to May 19, 2016, and the monthly rent payment date was changed to the 18th day of each month). The lease contract was concluded under a special agreement with the following: (1) the lessee was repaired and used in accordance with its original purpose; and (2) the period of the remainder of the lease contract was concluded.