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(영문) 수원지방법원평택지원 2015.08.26 2014가합4332

보증금반환 등

Text

1. The Defendant (Counterclaim Plaintiff) shall pay 35,00,000 won to the Plaintiff (Counterclaim Defendant) and its payment from August 26, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The following facts do not conflict between the parties or may be acknowledged by taking into account the following facts: Gap evidence 1, Gap evidence 3-1 to 3, Gap evidence 7, Eul evidence 8, Eul evidence 3, Eul evidence 8-1 and Eul evidence 8-2, Gap evidence 2-1 to 10, Eul evidence 2-4, Eul evidence 5, and Eul evidence 5's whole purport of pleading.

On December 21, 2009, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant to lease the lease deposit amount of KRW 35,000,000 on the 1st floor among the buildings listed in the separate sheet owned by the Defendant (hereinafter “instant building”) (hereinafter “instant building”) and KRW 1,300,000 per month for tea, from January 1, 2010 to December 60 months for the term of the lease, and the special terms and conditions to the effect that “the lease agreement will not be directly transferred to the lessee.”

B. At the time of the conclusion of the instant lease agreement, the Plaintiff paid the Defendant KRW 10,000,000, and KRW 25,000,000 on December 30, 209, respectively, to pay the lease deposit in full. In addition, on December 30, 2009, the Plaintiff paid KRW 60,000 to the Defendant as premium, and the Defendant delivered the instant singing book to the Plaintiff on January 1, 2010.

C. From Sep. 2014, the Defendant commenced construction of outer walls of the instant building and construction of 2,3 floors (each of the instant buildings) among the instant building (hereinafter “instant construction”). On Nov. 3, 2014, the Plaintiff sent to the Defendant a document verifying the content of the instant lease agreement, stating the lessor’s intent to terminate the instant lease agreement, on the ground that the lessor breached his/her duty to use and benefit from the leased object, and around that time, the said document reached the Defendant.

On February 2, 2015, the Plaintiff tried to run the instant singing and return the key to the instant singing room to the Defendant.