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(영문) 인천지방법원 2020.11.19 2019나65552 (1)
임대차보증금
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following amount ordered to be paid shall be revoked.

Reasons

Since only the Defendants filed an appeal against the judgment of the court of first instance within the scope of the judgment of this court, this court shall only determine the Defendants’ mutual aid and offset from the lease deposit.

2. The following facts do not conflict between the parties, or can be acknowledged in full view of Gap evidence 1, evidence 2, evidence 3, evidence 4, evidence 5, evidence 1, Eul evidence 2, evidence 7, Eul evidence 8, Eul evidence 12, evidence 13, Eul evidence 14, evidence 15, Eul evidence 18-1, evidence 9, and evidence 3, each of evidence 18-1, evidence 9, and evidence 3, and there is no counter-proof.

The defendants are those who own 1/2 shares of each of the buildings located in Gyeyang-gu Incheon Metropolitan City D (hereinafter referred to as "the building of this case"), and the plaintiff is the lessee who operated the marina business in the building of this case in the building E of this case.

B. On April 2016, the Defendants concluded a lease agreement with G to lease the said building E by July 11, 2016, setting the deposit amount of KRW 30 million, monthly rent of KRW 2 million (by July 12, 2016, and by adding tax) between G and the former lessee who had operated marina business in the name of “F” in the said building E before the Defendants purchased the instant building.

C. On July 7, 2016, the Plaintiff entered into a premium agreement with G and the same B.

The whole business of G as described in paragraph (1) is taken over and operated in the same trade name in the building E of this case.

The Defendants entered into a lease agreement between the Plaintiff on July 12, 2016 to provide for the lease of the instant building E with a deposit of KRW 30 million, monthly rent of KRW 2,200,000 (the 12th day of each month, prepaid payment, additional tax) and the term of lease from July 12, 2016 to July 12, 2018 (hereinafter “instant lease agreement”), and the Plaintiff bears all responsibilities, civil liability, criminal liability, and expenses if a problem arises due to illegal business during the term of the contract.

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