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(영문) 서울동부지방법원 2017.06.16 2016가합106238
임대보증금반환등 청구
Text

1. The Defendant’s KRW 50,000,000 and the Plaintiff’s annual rate of KRW 5% from November 3, 2016 to June 16, 2017.

Reasons

1. Basic facts

A. On May 2, 2013, the Plaintiff entered into an agreement with the Defendant on the lease of the first and second floors of the Gangdong-gu Seoul Metropolitan Government Building C (hereinafter “instant building”) with the term “50 million won, monthly rent of KRW 28 million, and from May 6, 2013 to May 5, 2016” (hereinafter “the first lease agreement”).

B. On October 31, 2013, the Plaintiff entered into a modified contract with the Defendant, stipulating that “The lease deposit amounting to KRW 400 million per month, KRW 22 million per month, and from October 31, 2013 to October 30, 2016,” with the Plaintiff agreed to lease only the first floor (hereinafter “the instant lease agreement”) by excluding the second floor from the leased object.”

C. On March 20, 2014, according to a special agreement at the time of the conclusion of the instant lease agreement, the original Defendant rendered a settlement prior to filing a lawsuit (hereinafter “conciliation prior to filing a lawsuit”) with the Seoul Eastern District Court 2013Da899, stating that “the Plaintiff orders the Defendant on October 30, 2016, which is the expiration date of the lease term” (hereinafter “conciliation prior to filing a lawsuit”).

The plaintiff delivered the instant marina to the defendant on November 2, 2016, as the lease term expires thereafter.

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, and 3 evidence (including additional number; hereinafter the same shall apply), the purport of the whole pleadings

2. The judgment of this Court

A. On October 31, 2013, the Plaintiff’s assertion 1) the Defendant did not refund KRW 50 million, out of KRW 100,000,000,000, which was reduced at the time of entering into a modified lease agreement. As such, the Defendant claimed against the Defendant for the payment of KRW 57,50,000,000,000,000,000,000,000,000,000 from October 31, 2013 to October 30, 2016, which is the expiration date of the lease term. (2) The following facts do not conflict between the parties, or there is no dispute between the parties or on June 2, 20.

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