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(영문) 대구지방법원 2018.10.24 2018나3425
임대차보증금
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. On January 1, 2009, the Defendant leased from E Co., Ltd. (hereinafter “E”) the owner of each building listed in the separate sheet, the first and second floors of the buildings listed in the separate sheet No. 2 (hereinafter “the lease object of this case”).

(hereinafter “instant lease agreement”). B.

At the time of the conclusion of the instant lease agreement, the Defendant and E agreed to a settlement prior to the filing of the suit. Accordingly, on March 10, 2009, E applied for a settlement prior to the filing of the suit by the Daegu District Court 2009No.65, and on March 27, 2009, the protocol of conciliation established on March 27, 2009 included the following: “In the event the Defendant delays payment of monthly rent or tax, or sub-leases all or part of the leased object to a third party without the consent of E, E may notify the Defendant of the termination of the instant lease agreement, and in this case, the instant lease agreement is terminated.”

C. On May 2, 2013, the Defendant entered into a sublease contract between the Plaintiff and the Plaintiff on May 2, 2013 with respect to the portion of about 40,2, and 3 floors of the first floor among the buildings listed in attached Table 2, which is KRW 50,000,000 for the sublease deposit, KRW 4,10,000 for the monthly rent (in addition, separate tax and management expenses KRW 200,000 for the sublease), and the sublease period from May 22, 2013 for the sublease period, while maintaining a sublease contract with the Plaintiff on only the first floor and the third floor (hereinafter “the object of the sublease in this case”) from June 1, 2013, to separately reduce the sublease deposit with the Plaintiff at KRW 31,00,000 for the monthly rent (excluding additional management expenses, 150,000,000 for the tea in this case).

On the other hand, on September 5, 2014, E did not pay rent and taxes for at least three months on September 5, 2014.

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