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(영문) 부산지방법원 2017.05.11 2015가단234523
임대차보증금
Text

1. As to KRW 23,00,000 and the above amount of KRW 20,000 among the above amounts, Defendant (Counterclaim Defendant) against the Plaintiff (Counterclaim Defendant).

Reasons

1. Facts of recognition;

A. The Defendant is the owner of the building indicated in the attached list (hereinafter “instant building”).

B. On May 29, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant with respect to the entire area of 152.25 square meters per floor among the above buildings (hereinafter “instant stores”).

Details of a contract shall be as follows:

[The contents of the instant lease contract (explor)] Lease deposit: 20,000,000 won in monthly rent: The lease term of KRW 1,000,000 (payment on the 30th day of each month in advance): From June 30, 2014 to June 29, 2016, the lessee shall restore the said real estate to its original state and return it to the lessor.

In such cases, the lessor shall return the deposit to the lessee, and if the rent in arrears or damages are paid, he/she shall remove it and refund the balance.

Article 7 (Non-performance of Obligations and Compensation for Damages) If a lessor or lessee has defaulted on the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted and rescind the contract.

In addition, the contracting party may claim damages from the other party due to the cancellation of the contract.

C. The Plaintiff paid a lease deposit and received a delivery of the said store from the Defendant, and carried out the interior works (such as the construction of tin and tin, etc. to the part of the existing tent interior; hereinafter “instant construction works”), and thereafter, the Plaintiff operated a motor vehicle tubes business with the trade name “C” at the said shop.

(1) On March 14, 2015, the Plaintiff discovered water leakages in the ceiling section, etc. of the instant store, and became aware of this fact to the father of the Defendant.

(2) The Defendant’s father pays KRW 800,00 to the repairer on the same day, and performs a construction project that repairs the water leakage part of the pipelines for the second floor toilets (hereinafter “instant water leakage project”), and to the electric construction business operator March 21, 2015.

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