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(영문) 대구지방법원 2018.11.16 2017가단113669
보증금반환
Text

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

2. The plaintiff (Counterclaim defendant) is the defendant (Counterclaim plaintiff) with 267,300.

Reasons

1. Chief;

A. The Plaintiff’s assertion 1) The Plaintiff and the Defendant are the buildings indicated in the separate sheet on March 11, 2014 (hereinafter “instant building”).

(2) Of the above, the Plaintiff agreed to extend the lease term by December 31, 2015 under the oral agreement between the Plaintiff and the Defendant during the use of the said building under the said lease agreement, and to terminate the lease relationship when the said period expires.

3) However, even though the above lease term has expired, the Defendant did not return the deposit deposit of KRW 150,00,000 to the Plaintiff. (B) The Plaintiff and the Defendant concluded a lease agreement separately prescribed as monthly rent of KRW 1,80,000 (including management expenses, KRW 300,000, value added tax) from March 11, 2014 to April 30, 2015, and the lease term of KRW 7,50,000 from May 1, 2015 to April 30, 2020 (value-added tax separately).

(3) Since the Plaintiff and the Defendant did not pay monthly rent and management expenses pursuant to the instant lease after January 2016, the instant lease contract was terminated on the grounds of overdue rent due to the delivery of the copy of the instant counterclaim, from January 2016 to October 34, 2018, on the grounds that the Plaintiff’s unjust enrichment equivalent to monthly rent or monthly rent that the Plaintiff unpaid to the Defendant for 336,60,000 won [including monthly rent or KRW 8,250,000 (excluding value-added tax)] (the Plaintiff and the Defendant’s assertion that the lease contract was concluded on March 11, 2014).

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