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(영문) 서울북부지방법원 2016.11.04 2015가단148081

건물인도등

Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall pay to the Plaintiff (Counterclaim Defendant) KRW 104,432,839 and its payment from September 9, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On January 8, 2008, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on the attached list owned by the Plaintiff (hereinafter “instant building”). On the lease agreement made on this day, the Plaintiff stated that the Defendant separately pays the lease deposit amounting to KRW 250 million, KRW 3.9 million per month, KRW 3.9 million per month, and the period from March 28, 2008 to March 27, 2010, value-added tax, KRW 10%, and KRW 80,000 per annum.

The Defendant paid to the Plaintiff KRW 25 million out of the lease deposit amount of KRW 250 million on the same day.

B. On March 10, 2008, the Plaintiff and the Defendant drafted a lease contract with the content that the management expenses are changed to KRW 100,000,000,000 per month, and the Defendant paid the remainder of the lease deposit to the Plaintiff, and began inn business upon delivery of the instant building.

C. The Plaintiff and the Defendant agreed to increase management expenses from August 2008 to KRW 30,000, and the Defendant paid KRW 30,000 to the Plaintiff the previous rent from August 2008 to December 2009.

On January 1, 2010, the Plaintiff and the Defendant re-written the lease agreement, and the lease agreement entered the following as KRW 4 million per month, and from January 1, 2010 to December 31, 2012, the management fee was changed to KRW 190,000 per month.

E. On July 22, 2013, the Plaintiff and the Defendant agreed to extend the term of lease of the instant building to March 28, 2014.

F. On February 26, 2014, the Defendant filed a lawsuit against the Plaintiff for the return of the lease deposit against the Defendant to pay the lease deposit to the Defendant simultaneously with the delivery of the instant building by the Jung-gu District Court 2014Gahap1478. Accordingly, the Plaintiff deposited KRW 180 million (Seoul High Court 2014 No. 3892), but the said court on January 21, 2015, partially deposited the Plaintiff’s deposit.