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(영문) 의정부지방법원 2016.05.19 2015나14854
임대료
Text

1. Of the judgment of the first instance, with respect to the Defendant (Counterclaim Defendant), KRW 3,493,418 against the Plaintiff (Counterclaim Defendant) and its related thereto on January 2016.

Reasons

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

1. The premise is that on October 10, 2005, the Plaintiff shall pay the Defendant the lease deposit amount of KRW 5,000,000, monthly rent of KRW 400,000 to October 206 from October 22, 2005 to October 20, 2006, the lease deposit amount of KRW 5,000,00, monthly rent of KRW 400,000 to the subsequent payment on October 28, 200, and in the case of the rent of August 2007, the period of repayment shall be the same year.

8.28. The relevant lease period is from July 22, 2007 to the same year.

8. up to 21.

2) The term “instant lease agreement” was determined and leased (hereinafter “instant lease agreement”).

() On October 10, 2005 and October 28, 2002, the Plaintiff paid a total of KRW 5,000,000 to the Defendant. The Plaintiff extended the lease term of this case on October 28, 2006 to October 28, 2007, extended the lease term of this case by September 23, 201, extended the lease term on September 23, 201 to September 23, 201, and agreed to extend the lease term by December 30, 2014. [Grounds for recognition] There is no dispute between the Plaintiff and the Defendant, Gap’s 3 through 6, 9, and Eul evidence No. 10 (including various numbers, if any, and the purport of the whole pleadings).

2. The parties' assertion

A. The Plaintiff’s non-payment of the first demand for the principal lawsuit against the Defendant: ① 400,000 won in arrears for August 2007; ② the due date for repayment on October 28, 201 is October 28, 201; the pertinent rental period is from October 24, 201 to November 23, 201 of the same year.

September 2012, the due date for repayment of September 2012 is September 28, 2012, and the relevant rental period is from September 24, 2012 to October 23, 2012.

The repayment period of March 2014 is March 28, 2014, and the relevant lease period is from March 1, 2014 to March 31, 2014.

December 2, 2014 is due on December 28, 2014, and the relevant rental period is from December 1, 2014 to December 31 of the same month.

There is a claim for the rent of KRW 9,200,000 in the aggregate of KRW 4,000 in arrears.

Therefore, the Defendant calculated the remainder of KRW 4,200,000 by deducting the lease deposit amount of KRW 5,000,000 from the lease deposit with the above 9,20,000 delinquent rent claim to the Plaintiff in sequence, and this is related thereto.

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