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(영문) 대전지방법원 2019.12.17 2019나106024
임대차보증금
Text

1. Of the judgment of the court of first instance, as to Defendant B, KRW 14,680,884 against Defendant C and KRW 14,445,33 against Defendant C and each of the said amounts.

Reasons

1. Facts of recognition;

A. The Defendants are married couple, and Defendant B is the owner of the building No. 5 of Daejeon E, and Defendant C is the owner of the above building No. 1.

B. On June 5, 2017, the Plaintiff’s agent G (the Plaintiff husband) entered into a lease agreement with Defendant B (the Defendant C’s agent for the Defendant C’s head office; hereinafter the same shall apply) and the said D building E and F (the combination of two head offices below is referred to as “the instant building,” and only if they are individually named, they are referred to as “E” and “F”) as follows. On the instant building, the Plaintiff operated the Chzpp page with the trade name “H street store.”

The Defendants succeeded to the lease agreement between the former owner and the Plaintiff from September 9, 2016 to September 8, 2019, entered the lease term as “from September 9, 2016 to September 8, 2019, the former owner entered the lease term as “from September 9, 2016 to September 8, 2019,” in accordance with the terms and conditions of the agreement entered into with the Plaintiff.”

Matters of special agreement

1. The monthly income tax shall be assessed separately;

The first monthly tax shall be deposited in advance on May 9, 2017.

3.The interest rate of 10% shall apply to overdue interest in the month of the monthly rent.

C. From October 2017 to October 2017, the Plaintiff and the Defendants decided to change the monthly rent of the E and E to KRW 1.6 million for each of the monthly rent of 1,600,000 (Additional tax of KRW 1.60,000).

On the other hand, on December 30, 2017, Defendant B settled the following:

E heading F 1,870,000 1,980,000 1,870,000 1,980,000 1,720,720,000 1,720,7200 1,720,000 5,460,000 5,680,000

D. On February 19, 2018, the Plaintiff’s agent G demanded on February 19, 2018 that “the Plaintiff’s agent “the Plaintiff’s agent shall remove all the facilities operated in the instant building, restore them to its original state, and return theme lease deposit to its original state,” and Defendant B shall, upon completion of the restoration to its original state by the Plaintiff, pay the overdue charge from the lease deposit.

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