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(영문) 광주지방법원 2013.11.01 2012가단44599
임대차보증금
Text

1. The defendant shall pay 54,179,590 won to the plaintiff and 20% per annum from September 9, 2012 to the day of complete payment.

Reasons

1. Basic facts

A. On March 13, 2010, the Plaintiff entered into a lease agreement with the Defendant on the part of half of the first floor of the building listed in the separate sheet (hereinafter “instant building”) with the Plaintiff, stating that “30 million won for lease deposit, KRW 2,500,000 for rent (excluding value-added tax), and KRW 2,50,000 for rent, from April 13, 2010 to April 12, 2012, and operated a clothing store on the first floor of the instant building from April 13, 2010.”

On December 1, 2010, while operating a clothing store as above, the Plaintiff entered into a lease agreement with C (the representative director of the Defendant) and with respect to the third floor of the instant building, stating that “5,00,000 won (excluding value-added tax), monthly rent of KRW 400,000 (excluding value-added tax), monthly rent of KRW 400,00, and the lease period of the said building for the period from December 1, 2010, and used the third floor of the said building as the warehouse of the clothing store.”

On April 6, 2012, the Plaintiff changed and renewed the previous lease agreement on the part on the first floor of the instant building with the Defendant to “30,000,000 won for lease deposit, KRW 2,650,000 for tea, KRW 2,650,00 for tea, and the lease term from April 13, 2012 to April 13, 2014.”

B. On December 27, 2011, the Defendant renewed the lease contract with D as “20,000,000 won per month, 350,000 won per month, and from April 1, 2012 to March 30, 2014,” with respect to the underground floor part of the instant building, the Defendant, the representative director of the Defendant, and the Plaintiff, who was the Plaintiff, moved to the underground floor part of the instant building that was leased by D around April 2012 and the installation cost of internal stairs connecting the said underground floor part of the instant building, were disbursed by the Defendant, and the Plaintiff, at its own expense, decided to construct artificial stairs as to the underground floor part of the said building.

Accordingly, at the expense of the defendant, the plaintiff is the first floor and underground floor of the building of this case.

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