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(영문) 대구지방법원서부지원 2017.05.10 2016가단21623
임대차보증금 등
Text

1. The defendant shall pay to the plaintiff KRW 26,376,00.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

Reasons

1. Basic facts

A. On September 30, 2015, the Plaintiff leased, from the Defendant, 1 Dong, 1 Dong, and 2 Dong, warehouse (hereinafter “instant real estate”) in the Gyeongbuk-gun, the Defendant owned by the Defendant, for the lease deposit of KRW 30 million, KRW 600,000 per month of rent, and for the period from November 5, 2015 to November 4, 2017.

(hereinafter “instant lease agreement”). B.

On June 9, 2016, the Defendant requested the Plaintiff to terminate the instant lease agreement on personal grounds without the expiration of the lease term, and agreed to terminate the instant lease agreement with the Plaintiff on the same day upon acceptance by the Plaintiff, and the Plaintiff shall be paid in full the lease deposit and the fees for certified brokerage following termination and the expenses for directors, and the remainder of the lease deposit and KRW 20 million,00,000,000,000,000,000 won out of the lease deposit as the director’s schedule is set, and the remainder of the lease deposit, brokerage fees, and expenses for directors are to be paid in full

(hereinafter referred to as “instant agreement”). C.

On July 26, 2016, the Plaintiff, through content-certified mail, notified the Defendant of the schedule of directors (on August 2, 2016) on several occasions, and notified the Defendant of the demand for advance payment of KRW 20 million out of the deposit in accordance with the instant agreement, and notified the Defendant that he did not pay it.

On the other hand, on June 16, 2016, the Plaintiff and his wife purchased an elderly military ground building from F from F as a broker E, at the price of KRW 240 million. Of the down payment of KRW 20 million, 5 million, the remainder of KRW 15 million on the date of the contract, the remainder of KRW 20 million on June 20, 2016, and the remainder of KRW 220 million on August 16, 2016. Under the said contract, the Plaintiff and his wife agreed to pay each of the aforementioned payments on the date of the contract and the remainder of KRW 20 million on June 20, 2016 (=the total sum of KRW 5 million on the date of the contract) but did not pay any remainder after the contract.

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