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(영문) 창원지방법원 2019.12.10 2018가단111024
임대차보증금
Text

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

2. The plaintiff (Counterclaim defendant) is the defendant (Counterclaim plaintiff) 20,329.

Reasons

1. Basic facts

A. On February 19, 2009, the Changwon District Court 2009 Joint 14 decided to commence the rehabilitation procedure.

A lessor: A lessee: The lease period of F subparagraph (hereinafter referred to as “instant building”) located in the window E of Chang-si: From December 17, 2014 to June 2, 2016: The lease deposit amount of KRW 200,000: the lease deposit amount of KRW 13,500,000 per month: the lease amount of KRW 13,50,000 per month shall be paid at the last day of each month, and the lease period shall be calculated according to the number of days when the lease period commences or terminates during the month.

If the lessee fails to pay the rent by the payment deadline, the late payment charge calculated by applying the overdue rate of 10% per annum shall be additionally paid.

B. On December 16, 2014, the administrator D entered into a lease agreement with the Defendant under the following terms:

(hereinafter “the first lease contract of this case”).

On November 25, 2015, the administrator D and the defendant entered into a contract to modify part of the terms of the instant first lease agreement as follows:

(hereinafter “The second lease contract”). The lease term: The lease deposit amount of KRW 500,00 from November 25, 2015 to June 2, 2021: the special contract amounting to KRW 13,500,000 per month: ① the remainder of KRW 300,000,000,000, excluding the KRW 200,000,000,000,000,000 per month: (a) the deposit amount of KRW 50,000,000,000,000,000, not later than June 2, 2016, shall be deposited into the existing head of the Tong designated by the Defendant by June 2, 2016. If the additional lease deposit amount of KRW 300,00,000 is not deposited into the Defendant’s head of the Tong, which is the date of the designated contract deposit, it shall be deposited in lieu of the additional KRW 300,00,00,000.

[In this case, the total rent shall be KRW 16.5 million per month of the rent for the existing lease deposit (excluding value-added tax). (2) If a lessee is responsible for a cause attributable to the lessee or the lessee wishes to terminate the contract at will, the due date required for the recruitment of new lessees and the demand of the lessee.

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