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(영문) 인천지방법원 2020.12.18 2020나53760
구상금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. On January 16, 2015, the Plaintiffs concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendant on the five-story 328.5 square meters of the above building (However, the area on the registration certificate is 341.52 square meters; hereinafter “instant building”) with respect to the pertinent building, as follows, as co-owners of the one-half shares of the building in the building in the building in the building in the building in the building in the Goyang-dong-gu, Busan Metropolitan City.

The terms and conditions of the instant lease contract [the contents of the contract] - 30,000,000 won - monthly rent of 3,000,000 - Term of lease: 24 months from the date of delivery (Article 5] if the lease contract is terminated, the defendant shall restore the above real estate to its original state and return it to the plaintiffs.

In such cases, the plaintiffs shall refund the security deposit to the defendant, and if overdue rent or damages are paid, they shall be prevented and the balance shall be refunded.

[Matters] - Contract for the present facility condition - Value added tax for the monthly rent - separate - Buildings, public charges and joint management expenses for each month shall be liable to the defendant for the repair of defects required for the business activities of the present facility, and shall be consulted with the plaintiffs, if necessary.

- 2,700,000 won for monthly rent from January 1, 2015 to June 30, 2015

B. The Defendant paid KRW 30,000,000 to the Plaintiffs as lease deposit.

C. On August 30, 2015, the Defendant delivered the instant building to the Plaintiffs.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 4, 6, 12, and the purport of the whole pleadings

2. Summary of the parties' arguments

(a) If the overdue rent, etc. is deducted from the plaintiffs' lease deposit, 3,553,436 won [=30,000 won for lease deposit - 21,450,000 won for overdue rent - [17,820,00 won for six months reduced according to the special agreement from January 1, 2015 to June 30, 2015 (including value-added tax) for two months from July 1, 2015 to August 30, 2015 (including value-added tax) - Public charges of KRW 6,60,000 for two months from July 1, 2015 to August 30, 2015 (including value-added tax) - Public charges of KRW 2,970,00 for one month paid by the defendant] - Public charges of KRW 4,517,104,104;

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