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(영문) 부산지방법원 2017.07.07 2016나11285

차임등

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On November 14, 2012, the Plaintiff leased part of the first floor store of a wooden building located in Busan Dong-gu, Busan (hereinafter “instant building”) owned by the Plaintiff to the Defendant as the lease deposit amounting to KRW 30 million, monthly rent of KRW 1.3 million, and the lease term of KRW 1.3 million from November 24, 2012, and received KRW 30 million and delivered the instant building.

Since then, the plaintiff and the defendant have renewed the above lease every year over two occasions.

B. On November 14, 2014, the Plaintiff, once again with the Defendant, set the lease deposit amount of KRW 40 million for the instant building, KRW 1.5 million for monthly rent, and KRW 1.5 million for the term of lease from November 14, 2014, and finally renewed the lease contract by setting the last period as 12 months.

C. On January 23, 2015, in order to prevent future disputes arising from the reconstruction of the building of this case, the Plaintiff filed a complaint with the Defendant and the following major contents (hereinafter “instant complaint telephone”).

Protocol

1. The Defendant ordered the Plaintiff to perform the instant building on August 15, 2015, and the Plaintiff shall refund the lease deposit amount of KRW 40 million to the Defendant upon simultaneous performance.

(hereinafter omitted)

2. The Defendant shall pay the Plaintiff KRW 1.5 million monthly rent from November 14, 2014 to the completion of the surrender of the instant building from November 24, 2014.

(hereinafter referred to as "serious")

7. The cost of the request shall be borne respectively;

After the establishment of the instant complaint telephone, on October 28, 2015, the Plaintiff extended the delivery date of the instant building to November 9, 2015, and made an agreement with the Defendant to pay KRW 20 million to the Defendant as director expenses (hereinafter “instant agreement”). On the date of the instant agreement, the Plaintiff paid KRW 20 million to the Defendant as director expenses.

E. In addition, on August 17, 2015, the Plaintiff deposited the lease deposit amount of KRW 40 million with the Defendant as the principal deposit, and thereafter, deposited the lease deposit with this court as KRW 2015-6426.