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(영문) 수원지방법원안양지원 2015.05.14 2014가단24523
임대차보증금
Text

1. The Defendant’s KRW 18,166,93 for the Plaintiff and KRW 5% per annum from October 25, 2014 to May 14, 2015.

Reasons

1. Facts of recognition;

A. On September 26, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the rent of KRW 2 million per month (excluding value-added tax) with respect to the land and the building on the Gangwon-gun C (hereinafter “instant real estate”), and setting the lease period from September 26, 2013 to September 25, 2015 (hereinafter “instant lease agreement”). On December 2, 2013, the two parties entered into a settlement agreement prior to the filing of the instant lease agreement (hereinafter “conciliation prior to the filing of the instant lawsuit”) with the Seocheon District Court Youngcheon Branch Branch 2013, supra, with respect to the instant lease agreement as follows:

1) On the expiration date of the lease term, the Defendant received a refund of deposit amounting to KRW 30 million, and simultaneously delivers the instant real estate to the Plaintiff. 2) The Defendant did not claim the premium against the Plaintiff at the time of delivery of the instant real estate, but does not exercise the right to claim reimbursement of necessary and beneficial expenses.

3) Notwithstanding the terms of the lease contract written on September 26, 2013 between the Plaintiff and the Defendant, monthly rent shall be paid from November 18, 2013, and the 17th (after payment) per month shall be paid. 4) If the Defendant’s cause attributable to the Plaintiff, the Plaintiff may terminate the lease contract in writing immediately, and if the said lease contract is terminated due to the Plaintiff’s termination, the Defendant shall deliver the instant real estate immediately even before the termination of the lease contract.

(1) In cases of delinquency in the payment of two or more installments: (2) In cases of delinquency in the payment of at least two months of the electricity and water supply charges; (30,00,000 won; Presidential Decree No. 1,931,510 won; Presidential Decree No. 3,931,510 won; Presidential Decree No. 3,700,000 won in a successful bid for movable property; Presidential Decree No. 25447, Jun. 30, 2014>

B. The instant lease agreement was terminated due to the Defendant’s delinquency in rent, etc., and on September 2, 2014, the Plaintiff was delivered the instant real estate by the execution of delivery of real estate (No. 2014No. 193), based on the instant protocol of compromise prior to the instant lawsuit.

[Based on recognition] Evidence A Nos. 1, 2, and 3.

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