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(영문) 부산지방법원 2014.12.11 2014가합9567
임대차보증금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 100,362,579 to the Plaintiff (Counterclaim Defendant) and its related amount from April 16, 2014 to December 11, 2014.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On September 20, 201, Sejong District Court: (a) concluded a lease agreement with the Defendant who is engaged in the manufacturing of rubber products; (b) KRW 5,00,00 (excluding value-added tax, and the last day of each month) with respect to the monthly rent of KRW 5,00,00 (hereinafter “instant factory”); (c) with respect to the monthly rent of KRW 5,00,000 among the first floor of the 5th floor of the 557 above the 5th floor of Busan Seo-gu, Busan; and (d) with respect to the term of the lease from October 1, 201 to September 30, 201, with a special agreement, the liability for the payment of electricity and water charges related to the use of the instant factory shall be borne by the lessee, and the Defendant’s employees shall be also 3,000,000, at the restaurant operated by the Sejong District in the said building; and (c) delivered the instant plant to the Defendant on January 1, 2010

B. On February 19, 2013, the Sejong District Court (Seoul District Court 2013Hahap1) declared bankrupt, and the Plaintiff was appointed as bankruptcy trustee. On March 14, 2013, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the ground that at least two times of arrears were overdue, and the Defendant handed over the instant factory to the Plaintiff on February 14, 2014.

C. Regarding the instant lease agreement, the Defendant’s rent or unjust enrichment amounting to the unpaid rent from June 2012 to January 2014, 131,006,207 won in total as indicated below.

Serial 7,534,263 won on June 30, 2012, 11,002, 138,460 won on July 31, 2012, 5,500 won on August 31, 2012, 300,50 won on August 31, 2012, 10,723,660 won on August 5, 2012, 40, 460, 456,00 won on April 30, 2016, 40.5, 7,000 won on September 30, 2012, 56, 7,000 won on May 30, 207, 2005, 7, 7,000 won on KRW 7,00,00 on KRW 7,60,70,704,00 on KRW 704,5,005 won.

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