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(영문) 서울중앙지방법원 2018.12.05 2017가단5173049
건물명도(인도)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 4,134,340 to the Plaintiff (Counterclaim Defendant) and its related amount from January 19, 2018 to December 5, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On September 30, 2015, the Plaintiffs leased approximately 28 square meters (hereinafter “instant store”) among the first floor of Jongno-gu Seoul E building to the Defendant on September 30, 2015, setting the lease period from September 30, 2015 to September 29, 2020.

(2) At the time of the instant lease, the Plaintiffs and the Defendant: (a) at the time of the instant lease, signed and sealed a lease agreement (hereinafter “instant lease agreement”); and (b) the Defendant prepared and issued to the Plaintiff A a letter of loan stating that KRW 200,000,000 is to be borrowed at 1.3% per interest month (hereinafter “the instant certificate of loan”).

Article 3 (Deposit for Lease) (1) The defendant shall deposit 350,000,000 won as lease deposit with the plaintiffs without interest to secure the performance of the obligation under this Agreement.

Article 4 (Lease Fee) (10,400,000 won (excluding value-added tax) per month.

Luxembourg The defendant shall pay the rent for the month to the plaintiffs by the 29th day of each month, and in addition to the rent, the amount equivalent to 10/100 of the rent in arrears shall be paid.

B. At the time of the instant lease, the Defendant paid the Plaintiffs KRW 150,000,00 as the lease deposit, and operated the pharmacy at the instant store from that time.

C. From June 2017, the Defendant delayed the payment of rent.

On August 14, 2017, the Plaintiffs sent the content-certified mail to the Defendant for termination of the lease.

After that, the Plaintiffs and the Defendant agreed to terminate the lease of this case on August 21, 2017.

On November 16, 2017, the Defendant: (a) removed all the equipment, facilities, and fixtures of the instant store and completed the preparation for delivery; and (b) sent to the Plaintiffs, on November 17, 2017, a content-certified mail, demanding the Plaintiffs to fulfill the obligation to return the lease deposit and delivering the instant store simultaneously with the performance of the obligation to return the lease deposit.

E. The plaintiff A shall return the deposit for lease.

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