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(영문) 대전지방법원 2021.01.21 2019가단18706
임대차보증금
Text

1. The plaintiff (the counterclaim defendant) pays 154,817,730 won to the defendant (the counterclaim plaintiff). 2. The plaintiff (the counterclaim defendant)'s principal lawsuit.

Reasons

1. In fact, on December 5, 2017, the Plaintiff entered into a lease agreement with the Defendant on December 24, 2018, on the lease deposit of KRW 200 million, monthly rent of KRW 14,30,00 (including additional taxes), monthly general management fee of KRW 9,114,500 (excluding KRW 10,000 per square), monthly general management fee of KRW 9,114,500, and annual rent of KRW 5,000 (hereinafter “the lease agreement of this case”) with the Defendant, which is owned by the Defendant, and paid KRW 20,000,000 to the Defendant for a five-year lease term of the lease term of KRW 20,000 (hereinafter “the lease agreement of this case”), and concluded the lease agreement with the Defendant on December 24, 2018, and concluded the lease agreement with the Defendant to deduct the lease amount of KRW 16,041,462 from the lease deposit.

The unpaid rent of the Plaintiff at the time of termination of the agreement shall be KRW 20,470,00 (the unpaid rent in December 2, 2017 and the portion in January 2, 2018, and February). The unpaid general management fee shall be KRW 134,347,730 (the portion in December 2017 through December 2018).

[Grounds for Recognition: Facts without dispute, evidence of Nos. 1 through 7, purport of the whole pleadings]

2. Determination on the claim

A. At the time of termination of the instant lease agreement, the Plaintiff asserted that KRW 16,041,462, which was deducted by the Defendant, was unfair and sought monetary payment from the principal claim.

However, as seen earlier, it is recognized that the above KRW 16,041,462 at the time of termination of the agreement on the commercial building lease of this case was agreed to deduct the cost of restitution from the cost of restitution. Therefore, the Plaintiff’s claim

B. According to the facts of the above recognition of the claim for counterclaim, the Plaintiff’s unpaid rent of KRW 20,470,00 at the time of termination of the agreement on the commercial building lease of this case (an unpaid rent of KRW 20,470,00) and the general management fee of KRW 134,347,730 at the time of termination of the agreement on the commercial building of this case reaches KRW 134,347,730. As such, the Plaintiff is obligated to pay the Defendant the amount of KRW 154,817,730 at the time of termination of

Therefore, the defendant's counterclaim is justified.

3. The plaintiff's main claim is dismissed, and the defendant's counterclaim is accepted, but a provisional execution order is not attached.

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