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(영문) 청주지방법원 2015.07.15 2014나6740
임대차보증금반환
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On April 1, 2004, C entered into a contract with the Defendant to lease the lease deposit amount of KRW 100 million, KRW 400,000,000,000,000 from May 1, 2004 to April 30, 2006, on the condition that the lease deposit amount of KRW 100,000,000,000 from KRW 10,000,000,000,000,000,000,000.

After that, C paid KRW 50 million to the Defendant according to the above lease agreement.

B. C agreed to extend the lease term from April 1, 2006 to March 31, 2008, which was prior to the expiration of the above lease term, with the Defendant, on March 2, 2006, and agreed to extend the lease term on December 31, 2007 from January 1, 2008 to December 31, 2010 (hereinafter “previous lease”) and agreed to extend the lease term from January 1, 2008 to December 31, 201 (hereinafter “previous lease contract”), thereby additionally paying the lease deposit to the Defendant KRW 10 million to increase the lease deposit amount from KRW 50 million to KRW 60 million.

C. On January 1, 201, C entered into a contract with the Defendant to lease the instant factory by setting the lease deposit amount of KRW 60 million, monthly rent of KRW 50 million, and the term of lease from January 1, 2011 to December 31, 2012. On the same day, C entered into a new contract with the Defendant to lease the instant factory with the name of the lessee as the Plaintiff (hereinafter “instant lease contract”), and entered into a new contract with the Defendant to lease the instant factory with the same content as above (hereinafter “the instant lease contract”). Based on the said content, C agreed with the Defendant as the Cheongju District Court 2011.

On December 31, 2012, the Plaintiff delivered the instant factory to the Defendant, and the Plaintiff did not pay KRW 45,072,100 to the present day.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The assertion and judgment

A. On January 26, 201, the Plaintiff asserted by the parties 1, 200,000 won under the instant lease agreement to the Defendant.

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