(영문) 대구지방법원 2018.04.27 2016가단40641

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(영문) 대구지방법원 2018.04.27 2016가단40641

보증금반환

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1. The Defendant’s KRW 20,228,484 as well as the Plaintiff’s annual rate of KRW 5% from October 18, 2016 to November 28, 2016.

Reasons

1. Basic facts

A. On September 12, 2012, the Plaintiff and the Defendant concluded a lease agreement with the Plaintiff and the Defendant setting the lease agreement for approximately KRW 31,00,000, monthly rent of KRW 3,200,000 on September 12, 2012, as well as the lease period of KRW 2,00,000 on the contrary to the stairs of the first floor among the buildings owned by the Defendant among the buildings owned by the Defendant, and the Plaintiff operated a restaurant from that time on the leased building of this case.

B. The plaintiff and the defendant are above at the time of concluding the above lease agreement.

At the same time, the contents of the lease contract containing the contents of the port entered into a lease contract with the monthly rent of KRW 1,00,000, different from the actual monthly rent, and thereafter, the lease contract with the monthly rent of KRW 3,200,000 on May 25, 2013, the lease contract with the rent of KRW 3,400,000 on August 25, 2013, and the lease contract with the rent of KRW 3,650,00 on October 20, 2014, respectively.

C. On September 29, 2016, the Plaintiff maintained the lease relationship with the Defendant with respect to the instant leased building by means of implied renewal, etc., and transferred the said leased building at KRW 40,000,000 to Nonparty D with a premium of KRW 40,000. On October 17, 2017, the Plaintiff agreed to terminate the lease agreement for the instant leased building with the Defendant (the lease agreement between the Plaintiff and the Defendant is referred to as the instant lease or lease agreement in a lump sum).

C. After the termination of the instant lease agreement, the Defendant deducted KRW 31,628,484, including the restoration cost of KRW 5,900,000, unpaid monthly rent of KRW 18,800,000, value-added tax of KRW 990,000, and interest for arrears on unpaid monthly rent of KRW 31,628,484 from KRW 60,000,00, and returned only KRW 28,371,516 to the Plaintiff.

[Reasons for Recognition] Unsatisfy and described in Gap evidence 1, 3, 4, 5, and 1 (including additional numbers)

2. The head of the State shall pay the Defendant the unpaid deposit of KRW 60,000,00,000 due to the termination of the instant lease agreement.

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