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(영문) 수원지방법원여주지원 2016.10.26 2016가단3845
임대차보증금등반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 13, 2010, the Plaintiff entered into a lease agreement between the Defendant and the Defendant with respect to the first floor 20, and second floor 20,000 square meters (hereinafter “instant store”) located in the Gyeonggi-si, Gyeonggi-do, and the second floor located in one parcel (hereinafter “instant store”), with respect to the lease deposit of KRW 30,000,000 won, monthly rent of KRW 2,000,000 (excluding value-added tax), and the lease period from September 13, 2010 to September 12, 2012 (hereinafter “instant lease agreement”), and started restaurant business by delivering the instant store around that time.

B. After that, the Plaintiff extended the lease term of the instant lease agreement with the Defendant on two occasions, and finally set the lease term by September 12, 2015.

C. On January 12, 2016, the Defendant sent a text message to the Plaintiff on the Plaintiff’s request, stating that “The Defendant shall pay KRW 20 million to the Plaintiff on the condition that the Plaintiff deliver the instant store by January 18, 2016.”

On January 18, 2016, the Plaintiff accepted some articles at the instant store, and completely directors at the instant store on January 23, 201, and returned the keys to the instant store to the Defendant on January 28, 201.

E. Meanwhile, the Plaintiff paid a total of KRW 114,785,00 to the Defendant during the instant lease period, and the Defendant returned the deposit amount of KRW 4,637,00 to the Plaintiff on February 24, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 6, 7, 11, and 12, and the purport of the whole pleadings

2. The plaintiff's assertion

A. The Plaintiff was a director at the instant store on January 18, 2016, and the Defendant is obligated to pay the Plaintiff KRW 20 million for the director’s expenses.

B. The Plaintiff used the instant store for 64 months from September 13, 2010 to January 18, 2016, and agreed with the Defendant to reduce the monthly rent of 1.5 million won from September 13, 2015, and thus, the Plaintiff’s total rent of 138,250,000 won (= KRW 132,00,000 from September 13, 2010 to September 12, 2015) is to be paid to the Defendant.

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