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(영문) 의정부지방법원고양지원 2015.05.28 2014가합54823
보증금반환
Text

1. The Defendant’s KRW 21,49,99 as well as the Plaintiff’s KRW 5% per annum from November 3, 2014 to May 28, 2015, and the following.

Reasons

1. Facts of recognition;

A. On October 1, 2012, the Plaintiff leased a lease deposit of KRW 200 million, monthly rent of KRW 3.5 million (excluding value-added tax), and from October 30, 2012 to August 30, 2014, the term of lease of the building 1, 2, and Nadong building (hereinafter “instant commercial building”).

B. The Plaintiff paid KRW 200 million to the Defendant as a lease deposit, and operated a restaurant by being handed over the instant commercial building.

1. The defendant shall continue to lease the commercial building of this case to the plaintiff under the following agreement.

Period: From August 1, 2014 to July 31, 2015

(b) Rent: 3.5 million won per month (excluding value-added tax, and payment made after the 20th of the following month);

(c) Deposit: 190 million won;

2. By August 29, 2014, the Plaintiff shall pay the Defendant the unpaid rent of KRW 22.1 million to the Defendant until July 31, 2014.

3. The deposit amount of 200 million won under a lease agreement dated October 1, 2012 shall be KRW 195 million under a lease agreement specified in paragraph (1).

(Difference 5 million won was settled when calculating the amount stated in Paragraph (2) that the Plaintiff shall pay to the Defendant. 4. In the following cases, a lease agreement between the Plaintiff and the Defendant is terminated automatically without a peremptory notice, and the Plaintiff collects all the Plaintiff’s goods in the instant commercial building and delivers the instant commercial building to the Defendant.

When the plaintiff delayed the payment of the money mentioned in paragraph (2).

C. On April 14, 2014, the Defendant filed a lawsuit against the Plaintiff on the grounds of the termination of the lease agreement on the grounds of the delinquency in rent, and filed a lawsuit on the delivery of a building (Seoul District Court High Court Decision 2014Da55454), and the conciliation was concluded on July 22, 2014 in the said lawsuit procedure with the following content.

Until August 29, 2014, the Plaintiff failed to pay KRW 22,100,000 for unpaid rent prescribed in Article 2(2) of the Adjustment Clause. On November 2, 2014, the Plaintiff handed over the instant commercial building to the Defendant.

E. The Defendant returned the lease deposit to the Plaintiff, which was KRW 60 million on October 12, 2014 and KRW 28,693 on November 5, 2014.

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