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(영문) 광주지방법원목포지원 2016.07.05 2015가단5581
임대차보증금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 12,500,000 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim from October 20, 2015 to July 5, 2016.

Reasons

1. Basic facts

A. On August 2012, the Plaintiff entered into an agreement with the Defendant’s husband (hereinafter “instant agreement”) upon the introduction of the land manager around the end of August, 2012, that the Plaintiff operated the automobile maintenance shop for two months without a deposit and shall pay 50% of the profits (hereinafter “instant agreement”).

B. On December 1, 2012, the Plaintiff entered into a lease agreement with the Defendant to lease the instant building by setting the deposit amount of KRW 20,000,000 per month, monthly rent, and the term of November 30, 2013 (hereinafter “instant lease agreement”) with respect to the instant building as of November 30, 2013 (hereinafter “the instant lease agreement”), and the Plaintiff entered into a lease agreement with the Defendant to lease all equipment and tools for maintenance (hereinafter “acquisition equipment of this case”) in accordance with the mid-to long-term high-price, and used by the lessee, but pay the transfer amount of KRW 10,00,00 to the lessee within one year after entering into the agreement (hereinafter “instant special agreement”).

The Plaintiff paid KRW 5,00,000 to the Defendant on July 5, 2013, KRW 3,000,000 on October 15, 2015 of the same year, and KRW 12,00,000 on December 12, 200 of the same year.

C. On December 11, 2012, C acquired from E, “the compact shower, a large-scale weatherr, a daily pumps, a large-scale spectrum, and a scambre (hereinafter “instant equipment”)” from E, which operated a motor vehicle repair shop in the instant building, and then made the Plaintiff use the instant equipment.

On December 1, 2013, the Plaintiff agreed to pay KRW 10,000,000 as KRW 2,50,000,000 for the acquisition of the instant acquisition equipment at the time of the contract, when entering into an extension contract with the Defendant to extend the period to November 30, 2014.

On October 20, 2014, the Plaintiff paid KRW 10,000,00 for the acquisition equipment of this case to C.

E. The Defendant around October 2014.

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