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(영문) 춘천지방법원영월지원 2014.09.17 2013가단4925
임대차목적물반환 등
Text

1. The defendant

(a) deliver the buildings listed in Attachment 2;

(b) 16,00,000 won and this in respect thereof;

Reasons

1. Determination as to the cause of claim

A. 1) On May 21, 2003, the Plaintiff filed each of the buildings listed in the separate sheet (hereinafter “each of the buildings of this case”) with the Defendant on May 21, 2003.

) A lease of KRW 10,00,000 per annum, KRW 2,500,00 per annum (prepaid) and KRW 3 years from May 21, 2003 to May 20, 206 (hereinafter “the lease of this case”).

(2) On the same day, the Defendant delivered each of the instant buildings to the Defendant. (2) After entering into the instant lease agreement, the Defendant paid only KRW 6,500,000 to the Plaintiff out of KRW 10,000,000, and did not pay at all the remainder of deposit KRW 3,500,000 to the Plaintiff, and the Plaintiff continued to renew the lease of the instant building implicitly between the Plaintiff and the Plaintiff, who occupied and used each of the instant buildings, and delivered only the building listed in attached Table 1 to the Plaintiff around May 2012.

3) Meanwhile, on June 24, 2013, the Plaintiff terminated the instant lease agreement on the grounds of the delinquency in rent, etc. to the Defendant, and thus, on July 31, 2013, the building listed in attached Table No. 2 (hereinafter “instant building”) as of July 31, 2013.

) The notice was given to India. [The facts without dispute over the grounds for recognition, Gap evidence No. 2, Gap evidence No. 4-1, the purport of the whole pleadings, and the purport of the whole pleadings.]

B. According to the above facts, the lease contract of this case was terminated on or around June 24, 2013 by the defendant for reasons of delinquency in rent. Thus, the defendant delivers the building of this case to the plaintiff from May 21, 2003 to October 31, 2013, and the defendant shall pay to the plaintiff 22,50,000 won (annual 2,500,000 won x 9 years) unpaid for nine years from May 21, 2003 to the plaintiff, and 16,00,000 won remaining after deducting the deposit amount of 6,50,000 won paid by the defendant from the lease deposit of this case from the lease of this case from May 21, 2003 to the date of delivery of a copy of the complaint of this case from August 1, 2013 to the date of payment, 5% per annum from the day after the date of delivery of the copy of the complaint of this case to October 31, 2013.

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