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(영문) 울산지방법원 2018.03.13 2017가단6350
점포명도 등
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. He receives KRW 10,000,000 from the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On December 1, 2012, the Plaintiff leased the building indicated in the attached list (hereinafter “instant store”) to the Defendant as follows: (a) KRW 10 million in lease deposit; (b) monthly rent of KRW 15% in sales; and (c) the period from December 1, 201 to November 30, 2012 (hereinafter “instant lease agreement”); and (d) the instant lease agreement was renewed until November 30, 2016.

B. On November 30, 2016, the Plaintiff proposed the terms and conditions of the instant lease agreement to the Defendant by means of content-certified mail, respectively, prior to the termination of the instant lease agreement, and on October 17, 2016, and November 17, 2016. Accordingly, the Defendant sent content-certified mail, which differs from beneficial costs and premiums, if he/she maintains the contract under the same conditions as before January 9, 2017 or otherwise maintains the contract.

C. Accordingly, the Plaintiff deemed that the instant lease contract was renewed or renewed with the Defendant, and notified the Defendant that the instant lease contract was terminated by content-certified mail on December 31, 2016, January 11, 2017, and February 6, 2017, and that the instant lease contract was terminated by the expiration of the term, and the said notification reached the Defendant at each time.

From January 2017, the Defendant did not pay management expenses such as water supply tax and electricity tax from January 2017. At that time, the sum of management expenses that the Defendant did not pay until September 2017 is KRW 4,520,184.

[Grounds for Recognition] A.1-18 Evidence, each entry or video of evidence No.3-5 evidence, the purport of the whole pleadings

2. According to the above basic facts as to the claim of this case, since the lease contract of this case was terminated upon the expiration of the term, the defendant received deposit of KRW 10 million from the plaintiff and delivered the store of this case to the plaintiff, and as requested by the plaintiff, the total amount of accrued management expenses and the total amount of KRW 4,520,184, and the modification of the purport of the claim of this case.

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