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(영문) 광주지방법원 2016.08.24 2015가단519223

기타(금전)

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 484,800 to the Plaintiff (Counterclaim Defendant) and its related amount from March 8, 2013 to August 24, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On December 10, 2003, the Plaintiff leased deposit money of KRW 5,00,000, monthly rent of KRW 300,000, and from December 10, 2003 to June 1, 2007, the Plaintiff received deposit money of KRW 5,000,000,000 from the Defendant for the purpose of selling the land of this case (hereinafter “instant land”) and of KRW 5,00,00,000 for the first floor of the warehouse of the Cho-gu Seo-gu Dagdong (hereinafter “the instant warehouse”) and its ground. Around that time, the Plaintiff was paid KRW 5,00,000.

(hereinafter “The first lease contract”). In the first lease contract, the first lease contract provides, “A (Defendant) shall use the instant goods for the purpose of use during the lease period, with no objection to the door or all the house parts for a certain period, and shall return to the original state after the expiration of the lease period,” and the Defendant received delivery of the instant land and warehouse from December 2003 to January 2004, removed the instant warehouse and used the entire instant land as parking lots.

B. On June 8, 2007, the Plaintiff and the Defendant renewed the lease contract for the instant land; the deposit is the same; the monthly rent of KRW 320,00; the period from June 12, 2007 to June 12, 201; and the special agreement provides, “the restitution to be made in accordance with the terms and conditions of the lease contract is the same.”

(hereinafter “Secondary Rental Contract.” The Plaintiff and the Defendant once again renewed the Rental Contract from June 17, 201 to June 20, 2014 on the same date as the deposit and monthly rent, and the period from June 20, 201 to June 20, 2014, and no special agreement was made.

hereinafter referred to as "third lease contract".

(C) C. Since February 24, 2012, the Defendant delayed the rent, and the Plaintiff terminated the lease contract by preventing the Defendant from using the instant land on March 7, 2013. The Defendant did not pay the rent of KRW 2,240,000 from July 21, 2012 to March 7, 2013. [No dispute over the grounds for recognition, Party A’s evidence, and the purport of the entire pleadings]

2. The plaintiff alleged by the parties concerned shall be the defendant's warehouse of this case.