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(영문) 부산지방법원 2016.08.10 2015가단49329
임대차보증금반환등
Text

1. The defendant shall pay 25,000,000 won to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Basic facts

A. On April 13, 2010, the Plaintiff entered into a lease agreement with the Defendant on a deposit amount of KRW 5,000,000, monthly rent of KRW 200,000, and KRW 24 months with respect to the leased real estate located in Geumcheon-gu, Busan as well as KRW 10,00,00 (hereinafter “instant leased real estate”), with the Defendant, and entered into a special agreement as follows (hereinafter “instant lease agreement”), and paid a monthly rent to the Defendant during the said lease period.

The construction work shall be from April 13 to May 31.

The monthly rent shall be set up after one month after the occupancy.

On June 1 of the occupancy date.

B. On July 1, 201, the Plaintiff concluded a new lease agreement with the Defendant by increasing the deposit amount of KRW 25,000,000 with respect to the instant leased real estate without monthly rent. The Defendant deleted KRW 5,000,000 from the lease agreement entered into at the time of the instant lease agreement, “25,000,000,” and deleted KRW 200,000 from the monthly rent, and deleted the monthly rent portion of KRW 200,000 from the previous special agreement, and entered “from July 1, 2011 to June 30, 2013,” following the previous special agreement.

(hereinafter “instant lease agreement”). C.

On April 2013, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 25,00,000 for the instant leased real estate (hereinafter “the instant lease deposit”), monthly rent of KRW 100,000, and KRW 24 months for the term of lease (hereinafter “the instant third lease agreement”), and paid KRW 100,00 per month to the Defendant.

From July 2014, the Defendant notified the Plaintiff of the termination of the instant third lease contract and demanded suspension of business. The Plaintiff discontinued business on July 31, 2014 and delivered the instant leased real estate to the Defendant.

[Reasons for Recognition] There is no dispute, Gap's 1 and 2 defendant's lease contract.

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