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(영문) 서울동부지방법원 2018.05.16 2017가단133155
임대차보증금반환 등
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is the third floor of 154.92 square meters and the fourth floor of 154.94.

Reasons

1. Basic facts

A. On May 12, 2015, the Plaintiff entered into a lease agreement with the Defendant on the instant building (hereinafter “instant lease”) and agreed to KRW 50,00,000 as security deposit, monthly rent of KRW 3,300,000 as security deposit, and annual period of KRW 1,00 as security deposit, and the Plaintiff is operating the Public Notice Board in the instant building.

B. The instant lease agreement was explicitly renewed twice without any increase in the deposit and rent, and the Plaintiff notified the Defendant of May 30, 2017 of the termination of the instant lease agreement.

C. On May 30, 2017, the Plaintiff requested the Defendant to enter into a lease agreement with C with a deposit of KRW 50,000,000, monthly rent of KRW 340,000,000. However, the Defendant did not enter into a lease agreement with a deposit of KRW 70,000,000, monthly rent of KRW 3,500,000.

On August 23, 2017, the Plaintiff requested that the Defendant enter into a lease agreement with D, monthly rent of KRW 70,000,000, and KRW 350,000,000, and the Plaintiff asked that the Plaintiff would not talk about the water leakage of the instant building. However, on August 26, 201, the Defendant refused to enter into a lease agreement without stating the water leakage problem of the instant building, and to enter into a new lease agreement by requiring repair works.

E. Although the Plaintiff is running the Gowon business in the instant building, the Plaintiff did not pay a total of KRW 4,030,000 for monthly rent and management expenses from August 31, 2017, and the Defendant did not refund the instant lease deposit to the Plaintiff.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 6, Eul evidence No. 5, the purport of the whole pleadings

2. As to the main claim

A. The Plaintiff asserted that the Plaintiff acquired the instant building’s facility and right from E in KRW 100 million, and the Defendant demanded the Plaintiff’s good offices to rent and deposit significantly high amounts of money to C, and the Plaintiff’s good offices refuse to enter into a lease agreement with D without justifiable grounds.

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