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(영문) 춘천지방법원원주지원 2015.08.13 2014가단7345
보증채무금
Text

1. The defendant's delivery of each real estate stated in the separate sheet from the plaintiff at the same time, 160,352,227 won to the plaintiff.

Reasons

1. Basic facts

A. The Defendant is the owner of each real estate listed in the separate sheet (hereinafter “instant real estate”), and the individual real estate is indicated as “the instant one real estate”).

B. On December 21, 2010, the Defendant set the lease deposit amount of KRW 15,00,000, monthly rent of KRW 900,000, and the lease deposit of KRW 15,000,00, monthly rent of KRW 900,00 with respect to the instant real estate 2 and 3 real estate as KRW 15,00,000, and the lease period of KRW 900,000 was set from December 21, 201 to December 20, 2013, respectively.

The lease contract concluded on December 21, 2010 is concluded by the lessee as D, and D is the spouse of the plaintiff.

On August 23, 2011, lessee changed from D to Plaintiff.

In this case, the plaintiff has no dispute between the parties regarding the status of the tenant, and the change of the tenant is not a key issue, so the above facts shall be organized.

(hereinafter referred to as the “instant lease agreement” in combination with the above two lease agreements.

The Plaintiff operated a private teaching institute with the trade name “C” in the instant real estate.

On October 21, 2013, the Plaintiff notified the Defendant that the instant lease contract will not be renewed upon the termination of the termination.

E. On December 5, 2013, the Defendant returned KRW 20,000,000 out of the total amount of the lease deposit KRW 30,000,000, at the Plaintiff’s request.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 17, the purport of the whole pleadings

2. Determination

A. 1) According to the above fact-finding statement as to the claim for the return of the deposit for lease, the instant lease contract was terminated on December 20, 2013, and thus, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the remaining deposit amount of KRW 10,000,000 and damages for delay thereof. 2) The Defendant’s defense (delivery of the instant real estate and simultaneous performance defense) is determined.

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