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(영문) 창원지방법원통영지원 2016.09.08 2015가단24118
보증금반환
Text

1. The Defendant: KRW 46,420,00 for the Plaintiff and KRW 5% per annum from December 24, 2015 to September 8, 2016.

Reasons

1. Basic facts

A. The Defendant completed the registration of initial ownership on March 6, 2007, No. 10025, which was received on March 6, 2007, with respect to the first-class neighborhood living facilities of the first-class neighborhood living facilities of the 386.1 square meter (hereinafter “instant real property”).

B. On March 23, 2012, the Plaintiff entered into a lease agreement with the Defendant on the lease deposit of KRW 56,000,000 (excluding value-added tax), monthly rent of KRW 1500,000 (excluding value-added tax), and from April 9, 2012 to April 8, 2014, regarding the lease of the remaining part of the instant real estate (hereinafter “instant building”).

C. On April 9, 2012, the Plaintiff leased the instant building, and paid KRW 1,50 million to D as the cost of rights installation to “the delegating person of the former lessor.”

The Plaintiff operated the clothing store in the name of “E” and “F” on the instant building.

E. Around April 2014, the Plaintiff entered into a renewal agreement with the Defendant, setting the monthly rent of KRW 1.65 million (excluding value-added tax) and the lease period as of April 8, 2015 with regard to the lease agreement set forth in the foregoing paragraph (b).

F. On May 15, 2015, G, the Plaintiff’s agent, concluded a lease agreement between H and the Defendant’s agent, setting the instant building as KRW 50,00 (in lieu of the deposit already paid; hereinafter “instant lease deposit”), monthly rent of KRW 180,000 (excluding value-added tax) and the lease term of April 8, 2016 (hereinafter “instant lease agreement”).

G. On July 9, 2015, the Plaintiff delivered the key to the instant building to H, the chief of the management office of the instant building, and H sent the key to the said building to the Defendant at the time and time.

[Reasons for Recognition] Facts that there is no dispute between the parties, the entry of Gap evidence 1 to 3 (including paper numbers), the entry of Gap evidence 5, the witness H's partial testimony, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff 1's assertion of this case between the defendant and the defendant.

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