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(영문) 수원지방법원 2018.07.05 2017가단544750

임대차보증금

Text

1. The Defendant shall pay 20 million won to the Plaintiff and 15% per annum from July 1, 2017 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On April 11, 2010, the Plaintiff entered into a lease agreement with the Defendant on the condition that part of the factory building located in Sungsung (hereinafter “instant real estate”) among the building located in C (hereinafter “instant real estate”), KRW 20 million, monthly rent of KRW 200,000 (excluding value-added tax), from April 11, 2010 to April 10, 2015, and monthly rent of KRW 15,000,000,000 as the lease deposit (hereinafter “instant lease agreement”) and paid the Defendant on November 15, 201.

B. On June 25, 2012, the Plaintiff paid monthly rent of KRW 220,000 to the Defendant under the instant lease agreement, and agreed to offset the monthly rent of KRW 10,000,000 for the lease deposit, KRW 200,000 for the monthly rent (excluding value-added tax), and from July 1, 2012 to June 30, 2015. The Plaintiff agreed to offset the monthly rent under the instant lease agreement between the Defendant and the Defendant by the monthly rent under the said lease agreement.

Accordingly, the Plaintiff did not pay the Defendant the monthly rent under the instant lease agreement from July 2012.

C. Around December 2013, the Plaintiff was no longer able to occupy and use the instant real estate for the purpose of lease, as the Defendant removed from the instant real estate by removing factory facilities from the instant real estate.

After all, on December 30, 2013, the Plaintiff concluded a lease agreement on part of the factory building located in E and E and E, and transferred the location of the Plaintiff’s headquarters to the location of the object under the newly concluded lease agreement as above.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, Eul evidence No. 2, the purport of the whole pleadings

2. Determination:

A. According to the above facts as to the cause of the claim, since the lease contract of this case was terminated on June 30, 2015, the Defendant is obligated to pay the Plaintiff the deposit of this case KRW 20 million and damages for delay.