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(영문) 대구지방법원포항지원 2020.10.27 2020가단102707
임대차보증금
Text

The defendant, at the time of port of port from the plaintiff, received a 1st floor "D cafeteria" store from the plaintiff, at the same time, 62,598.

Reasons

1. Case summary and judgment

A. On March 30, 2016, the Plaintiff leased the store listed in Paragraph (1) of the Disposition (hereinafter “instant store”) from E as of March 30, 2016, KRW 70,000, KRW 1,540,000 (including value-added tax on the 30th day of each month), and the period from March 30, 2016 to March 29, 2019 (hereinafter “instant lease agreement”); and the Defendant acquired the ownership of the instant store on February 15, 2017 and succeeded to the lessor’s status from E while the Plaintiff operated the restaurant at the instant store, and closed the restaurant on November 30, 2017, and paid the rent from the date on which the Plaintiff was in arrears, including the Plaintiff’s 6th day of each of the instant lease agreements, or the Plaintiff’s 17th day of each of the instant parties’ allegation that the instant lease agreement had been terminated on April 23, 2018.

B. According to the above facts, the instant lease agreement was terminated on April 23, 2018 by the Defendant’s exercise of the right to terminate the Plaintiff’s nonperformance. Accordingly, at the same time, the Defendant, from 70,000 to 23, 201,935 won (=6,160,00 won + 1,540,000 won x 4 months (from November 30, 2017 to March 29, 2018) x the Plaintiff’s duty to provide the remainder of the deposit x 25,205 (from November 30, 2018 to April 29, 2018) x the Plaintiff’s duty to provide the remainder of the deposit x 30,540 won (from March 30, 2018 to April 25, 2018) / (the Plaintiff’s duty to provide the remainder of the deposit x 305,2018) /36.48

C. Meanwhile, the Defendant terminated the instant lease agreement.

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