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(영문) 수원지방법원 안산지원 2018.08.14 2017가단18163
비닐하우스인도및부당이득금
Text

1. The defendant shall be the plaintiff.

(a) Of the vinyl C’s plastic greenhouses on the ground of Silung-si, each point is indicated in the Appendix No. 1, 2, 3, 4, 1.

Reasons

1. Facts of recognition;

A. On April 5, 2017, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant and the Plaintiff with respect to the leased deposit KRW 5 million, monthly rent (including value-added tax) and KRW 440,000,000 from April 15, 2017 to April 15, 2019 with respect to the portion inside the ship (hereinafter “instant vinyl”) connected with each point of 1,2,3,4, and 126 square meters in sequence in the attached drawings among the plastic greenhouse C’s greenhouses on the land owned by the Plaintiff, which was located in the Republic of Korea.

The following contents were included in the special agreement terms of the lease agreement.

(1) Various public charges shall be borne by lessees.

The electricity charges shall be paid in installments by the manager.

(2) Where a fine for negligence is imposed against an authority in a development restriction zone, tenant shall pay it.

(3) A lessee shall be liable for any violation against a development restriction zone.

(4) Where a fire occurs due to care negligence, it shall be immediately restored to the original state, and the expenses shall be compensated by the lessor.

(5) When a letter is drawn to five rankes, it shall be restored to its original state at the time when a contract is concluded.

(b).

The Defendant paid 1.2 million won out of the lease deposit to the Plaintiff, and received the instant vinyl on April 15, 2017.

C. The Plaintiff sought payment of the remainder of the lease deposit to the Defendant, but the Defendant did not pay it, and on May 19, 2017, sent to the Plaintiff a document verifying that “The details stipulated in the Special Agreement on the instant lease agreement should be held responsible for the lessor, and the Defendant was aware that the lessor was the lessee and affixed the seal to the said contract, thereby cancelling the instant lease agreement.”

After having taken over the instant vinyl, the Defendant occupied and used the instant vinyl without paying only once until now, and the Plaintiff is on the ground of the delinquency in paying three or more times of rent.

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