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(영문) 창원지방법원 2014.11.11 2013나7336
채무부존재확인
Text

1.The judgment of the first instance shall be modified as follows:

Attached Form

The plaintiff is with respect to underground floors and the first floor among the mentioned buildings.

Reasons

1. Facts of recognition;

A. On November 10, 2008, the Defendant leased from the Plaintiff the first floor and underground floor (hereinafter collectively referred to as the “instant store”) among the buildings indicated in the separate sheet from the Plaintiff, KRW 30,000,000, KRW 650,000, KRW 650,000, KRW 650, and KRW 10,000, and the lease period from November 10, 2008 to October 10, 201 (hereinafter referred to as the “lease”). Around that time, the Defendant paid the Plaintiff KRW 30,00,000,000.

(After that, on January 13, 2009, the plaintiff and the defendant agreed to reduce the rent to KRW 600,000 per month during the lease term, and again agreed to reduce the rent to KRW 400,000 per month on April 3, 201).

Around 2011, the Defendant filed a lawsuit against the Defendant on the grounds that the instant lease agreement was terminated due to the failure of the Defendant to pay two or more vehicles, and the Plaintiff filed a lawsuit against the Defendant seeking the payment of the rent from July 22, 2011 to the date of delivery of the instant store. On November 22, 2011, the instant lawsuit was concluded between the original and the Defendant on the grounds that the instant lease agreement was terminated due to the termination of two or more vehicles.

1. The Defendant shall deliver to the Plaintiff, up to December 31, 201, one story of 81.18 square meters among the buildings listed in the attached Form, to the Plaintiff by December 31, 201.

2. The plaintiff and the defendant conclude a lease contract after consultation on the underground floor among the buildings listed in the attached Form.

3. The plaintiff waives the remaining claims.

4. The costs of lawsuit shall be borne by each person;

C. After the above conciliation, the Defendant delivered the instant store to the Plaintiff on July 1, 2012.

On the other hand, the Defendant received total of KRW 20,00,000 from the Plaintiff on July 3, 2012 and July 10, 2012.

[Ground of recognition] Facts without dispute, Gap evidence 2, 3, Gap evidence 4-1, 2, Eul evidence 1, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The main point of the Plaintiff’s assertion was the termination of the instant lease agreement, and at KRW 10,000,000 for the unpaid lease deposit.

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