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(영문) 서울북부지방법원 2015.05.08 2014가단24232
보증금
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is the defendant (Counterclaim plaintiff) on 2,275.

Reasons

A principal lawsuit and counterclaim shall be deemed to be combined.

1. Facts of recognition;

A. From January 201, C: (a) leased deposit amounting to KRW 50 million for lease deposit; (b) from the Defendant around January 19, 2010 to January 18, 2014; (c) leased from the Defendant KRW 200,000,000,000 from the lease deposit for the lease of KRW 8.735,00 square meters in a 2nd floor of 2nd of 2nd of 85.84 square meters of 2nd of 2nd of 2nd of 20.47 square meters of 2nd of 2nd of 2nd of 2010,000,000 won of 1st of 2nd of 200,000 won of 2nd of 2nd of 2nd of 2014 (hereinafter “instant lease”).

C around July 201, after sub-leaseing the instant building to the Plaintiff, the Plaintiff paid KRW 2,00,000 per month for the instant building to the Defendant, and the unpaid rent was not paid KRW 8,447,00 until the termination of the lease, and the said unpaid rent was deducted from the lease deposit against the Defendant C.

C. From January 19, 2014 to May 15, 2015, the term of the instant lease expires, the Plaintiff occupied and used the instant building. During that period, KRW 3,00,000, and KRW 3,825,560, and penalty surcharge of KRW 450,00 imposed on the Defendant’s act of gambling in the instant building, and KRW 7,275,560, which was imposed on the Defendant’s act of gambling in the instant building.

Upon the termination of a lease agreement with C on December 28, 2013, the Defendant received as part of the first down payment KRW 5,000,000 upon the Plaintiff’s request that he/she lease it, and concluded the lease contract regularly around July 2014. The Plaintiff occupied and used the instant building even after the termination of the instant lease agreement, but delivered the instant building to the Defendant on May 15, 2014.

[Reasons for Recognition] Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 through 7 (including paper numbers), the purport of the whole pleadings

2. The Plaintiff’s judgment on the claim for principal lawsuit: (a) hearing the Plaintiff’s words that it is possible to lease the instant building when the lease contract with the Defendant is terminated; and (b) making the deposit to the installment by the end of the lease contract with C, and paying the down payment on December 28, 2013. 5,000.

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