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(영문) 울산지방법원 2015.12.22 2015가단16919

임대차보증금

Text

1. The defendant is jointly and severally with the non-party B to the plaintiff KRW 45,40,000 and its amount from May 20, 2015 to June 18, 2015.

Reasons

1. Basic facts

A. Plaintiff’s trade name change and conclusion of a lease agreement 1) was originally changed to the current trade name by Oiiiii Industrial Co., Ltd., the Plaintiff, via Oii Industrial Co., Ltd. (2) On April 26, 2013, when the Plaintiff’s trade name was the central domain, the Plaintiff leased the entire factory site 2,788 square meters and its ground from the Defendant and Nonparty B (hereinafter “Defendant et al.”) in Yongcheon-si, the Plaintiff leased the entire factory site 2,788 square meters and its ground from the Defendant and Nonparty B (hereinafter “Defendant et al.”) as the lease deposit amounting to KRW 65 million, the rent monthly, and the lease period from May 6, 2013.

(3) The instant lease agreement is stipulated as a joint lessee, but the Plaintiff entered into a lease agreement with the Defendant, etc. and actually paid the lease deposit. (B) The Plaintiff paid the lease deposit and the leased property KRW 65 million to the Defendant, and on May 6, 2013, received the delivery of the above factory building and the site from the Defendant.

2) On May 19, 2015, after the termination of the instant lease agreement, the Plaintiff handed over the above factory building and site to the Defendant on May 19, 2015. (3) Of the deposit for lease KRW 65 million under the instant lease agreement, the amount of KRW 15 million was deducted from the deposit for lease under the pretext of processing settlement in accordance with the said special agreement under the said lease agreement.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings

2. According to the facts of the above recognition, the defendant is jointly and severally with the non-party B, who is a joint lessor, and the defendant is jointly and severally liable to the plaintiff, for the payment order of this case from May 20, 2015 to June 18, 2015, which is the day following the day when the plaintiff delivered the factory site and building to the defendant, after deducting the amount of KRW 15 million deducted from the name of the deposit for lease under the instant lease contract, and the amount of KRW 4.5 million, which the plaintiff voluntarily acknowledged that the plaintiff had received a return from the defendant, and the amount of KRW 4.5 million, which the plaintiff had received a return from the defendant.