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(영문) 서울중앙지방법원 2016.07.20 2015가단180031
임대차보증금등
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is 450,000 won against the defendant (Counterclaim plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. A. Around 2008, the Defendant leased to the Plaintiff the part (A) of the attached Form No. 14.55 square meters (hereinafter “instant store”) connected each point of the first floor of the building listed in the attached Form No. 4, 5, 14, 15, and 4 among the parts of the building listed in the attached Form No. 1 to the Plaintiff (hereinafter “instant store”). Around June 25, 2014, the period of lease was determined and leased from July 20, 2014 to July 19, 2016.

(hereinafter “instant lease agreement”). B.

While the Plaintiff paid a security deposit and operated the beauty art room with the delivery of the instant store, on April 20, 2015, the Plaintiff transferred the beauty art room business site to another place by leaving some stuffs, such as shocks, etc. in the said store.

C. As the Plaintiff did not pay the rent from April 20, 2015, the Defendant sent a content-certified mail to the Plaintiff on July 6, 2015, and demanded to deliver the instant store to the Plaintiff as the instant lease was terminated due to the Plaintiff’s delinquency in rent for at least three months, and the said content-certified mail was served on the Plaintiff on July 7, 2015.

On October 30, 2015, the Defendant deposited 3.2 million won as the cause of the deposit with the Defendant to the effect that “The Defendant shall deposit 3.2 million won after deducting the overdue rent of 1.8 million won from March 20, 2015 to July 7, 2015” with the Defendant as the principal deposit.

E. On December 24, 2015, the Plaintiff transferred the said store to the Defendant by taking out all the house equipment within the instant store.

[Ground of recognition] Facts without dispute, Eul 1, 15, each entry, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. On 208, the Plaintiff, which caused the Plaintiff’s principal lawsuit, paid 12,00,000 won, in total, for the following items and amount to the tenant C before the instant store. However, on the wind that the Defendant did not properly maintain and manage the instant store, the Plaintiff shall be entitled to KRW 12,00,000,000 from other lessees.

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