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(영문) 부산지방법원 2015.06.26 2014가합45266
임대차보증금
Text

1. The Defendant (Counterclaim Plaintiff) each of the Plaintiff (Counterclaim Defendant)’s KRW 40,00,000,000, and its amount from January 1, 2014 to June 3, 2015.

Reasons

1. Basic facts

A. The relationship between the parties 1) Defendant A’s wife and the rest of the Defendants, as F’s children, are Type II neighborhood living facilities of 9 floors of the Busan Sea- Daegu Jindo Co., Ltd. (Iron), Jindo Co., Ltd. (hereinafter “instant building”).

(2) The Plaintiff is a co-owner of one fifth shares in each of the five-fifthss. (3) The Plaintiff is a company established for the purpose of drug wholesale business and supplied medicines, etc. to G and H that leased from the Defendants the first floor of the instant building and the second floor B101 underground.

B. From around 2008, G entered into a lease agreement with the Defendants on the first floor of the instant building, and on February 20, 2013, the lease agreement between the Defendants and the Defendants on the said first floor is changed into KRW 350 million, monthly rent of KRW 11 million, and monthly rent of KRW 15 million (excluding value-added tax) from February 2014 to January 31, 2015. The monthly management fee of KRW 798,00 (excluding value-added tax), monthly management fee of KRW 798,00 (excluding value-added tax), and the contract period of the lease agreement between February 1, 2013 to January 31, 2015 (hereinafter “instant lease agreement”).

(2) From 209 to 31 January 2015, H concluded a lease agreement with the Defendants on February 20, 2013 as to the foregoing subparagraph (B10 million won, monthly rent of KRW 150 million (excluding value-added tax), monthly management expenses of KRW 329,00 (excluding value-added tax), monthly management expenses of KRW 329,00 (excluding value-added tax), and the term of contract from February 1, 2013 to January 31, 2015 (hereinafter “instant lease agreement”); and each of the instant lease agreements included the lease deposits under each of the instant lease agreements (hereinafter “each of the instant lease deposits”). The main contents of each of the said lease agreements are as follows.

Article 3 (Cancellation within Contract Period)

1. In principle, cancellation shall be impossible within the period of lease;

Provided, That if the lessee intends to cancel due to the lessee's failure to avoid the contract, at least three months prior to the date of cancellation (based on the date of receipt).

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