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(영문) 부산지방법원 2015.11.06 2014가단80163
임대차보증금 등
Text

1. The Defendant: (a) KRW 12,79,855 to Plaintiff B, as well as 5% per annum from June 26, 2015 to November 6, 2015; and (b)

Reasons

1. Basic facts

A. On December 7, 2012, between the Defendant and the Defendant, the Plaintiffs entered into a lease agreement (hereinafter “instant lease agreement”) with respect to the first and second floors of the building located in Geum-gu, Busan (hereinafter “instant building”) located in Geum-gu, Busan (hereinafter “instant building”). On January 7, 2013, the Plaintiffs were transferred each of the instant leased objects from the Defendant and engaged in the original processing business with the trade name of “E” and “F”.

1) Plaintiff A (hereinafter “Plaintiff A”)

() The leased object between the Defendant and the second floor of the instant building: Deposit of KRW 10,00,000 for the rent of KRW 1,300,000: From January 7, 2013 to January 7, 2015, the lease object between the Plaintiff B (hereinafter “Plaintiff 2”) and the Defendant: Deposit of KRW 20,000 for the first floor of the instant building: From January 7, 2013 to January 7, 2015: 20,000 for the rent of KRW 1,60,000 for each month: from January 7, 2013 to January 7, 2015.

B. At the time of the instant lease agreement, the Defendant agreed with the Plaintiffs that “the Defendant shall repair the part below the water tank on the second floor of the instant building to repair the water.”

(hereinafter referred to as “instant agreement”). C.

However, on July 31, 2014, prior to the expiration of the instant lease agreement, the Defendant entered into a lease agreement with G with the following terms, and at that time, Plaintiff 2 agreed to return the leased object to the Defendant from August 20, 2014 to August 25, 2014.

Subject matter of lease: Deposit of 259.55 square meters on the first floor of the instant building: 20,000,000 won per month: From August 20, 2014 to August 20, 2016

D. Meanwhile, around August 25, 2014, the Plaintiffs returned each of the instant leased objects to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-2, Eul evidence No. 18 and 19, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiffs' assertion 1) Common assertion (the defendant's failure to perform the repair obligation and damages caused thereby).

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