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(영문) 서울북부지방법원 2016.05.12 2014가단38903
손해배상등
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 1,462,160 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s payment thereof from March 25, 2016 to May 12, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On March 9, 2011, C representing the Plaintiff (hereinafter “instant store”) concluded a lease agreement with the Defendant on March 9, 201, 140 square meters out of the underground floor of Seongbuk-gu Seoul (hereinafter “instant store”).

(1) As to the lease deposit, the term of KRW 50,00,000, monthly rent of KRW 2,800,000 and the term of KRW 2,80,000 shall be determined from March 20, 201 to March 19, 201 (hereinafter “instant lease agreement”).

The Plaintiff concluded a contract deposit of KRW 20,00,000 on the date of the contract. Accordingly, the Plaintiff paid the Defendant the intermediate payment of KRW 20,000,000 on March 14, 201, and paid the remainder of KRW 10,000,000 in cash on May 14, 2011. (2) However, the Plaintiff agreed with the Defendant to purchase KRW 30,000,000,000 of the above lease deposit of KRW 30,000 among the above lease deposit of KRW 20,00 on April 20, 201, the Plaintiff concluded a lease contract with the content that the remainder of KRW 10,000 was converted into the purchase deposit and the lease deposit was reduced to KRW 20,00,000.

3) At the instant store, the Plaintiff had C perform the tegyptian construction to operate the tegyptian construction. On March 16, 2011, upon C’s request that the former lessee of the instant store is unable to pay the electricity costs of KRW 12,056,590, and the former lessee of the instant store transferred KRW 15,000 to C on March 18, 2011, and transferred KRW 10,000,000 to C on March 25, 201 as the electric deposit for the Korea Electric Power Corporation and KRW 7,00,000 to C on March 29, 2011, the Defendant paid the unpaid electricity costs of KRW 12,056,590 to the Korea Electric Power Corporation in the name of its parent, and deposited the deposit money to the Korea Electric Power Corporation in the name of Korea Electric Power Corporation.

5) From March 20, 2011, the Plaintiff operated a scambling room at the instant store. From June 201, the number of people was generated in the ceiling and corridor ceiling of the instant store due to the horses that began from June 201. (B) However, the instant lawsuit was instituted.

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