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(영문) 광주지방법원 2020.09.23 2019나64050
약정금
Text

Among the judgment of the first instance, the part against the defendant exceeding the payment order shall be revoked, and such revocation shall be revoked.

Reasons

1. Basic facts

A. On August 27, 2016, the Plaintiff entered into a lease agreement with the Defendant on the condition that deposit money is KRW 50,000,000 for the first floor and second floor of the land of Busan Metropolitan City (hereinafter “instant building”), monthly rent is KRW 2,50,000, and the lease term is from November 20, 2016 to November 19, 2018.

(hereinafter “instant lease agreement”). B.

around December 20, 2017, the Plaintiff and the Defendant agreed to terminate the instant lease agreement as of November 19, 2017. The Defendant, a lessor, agreed to pay KRW 55,00,000,000 to the Plaintiff by March 31, 2018, deducting the deposit (50,000,000) and the facility cost (20,000) from the amount of rent (15,00,000) due to the termination of the said lease agreement.

(hereinafter referred to as “instant agreement”). C.

Following the delivery of the instant building in accordance with the instant agreement, the Defendant notified the Plaintiff on March 28, 2018, that only KRW 40,45,620, which deducts the sum of KRW 14,54,380,00, the sum of KRW 55,000, KRW 624,30, KRW 124,30, cleaning fees for septic tanks, KRW 95,780, KRW 2,700, and KRW 11,00,00, and KRW 11,54,380, and KRW 11,54,620, and paid KRW 40, KRW 45,620 to the Plaintiff on March 30, 2018.

On November 7, 2018, the Plaintiff closed the business of the instant building and reported it to the competent authority.

[Ground of recognition] Facts without dispute, Gap's 2 through 5, 8, 9 evidence, Eul's 1 to 4, the purport of the whole pleadings

2. The parties' assertion

A. The gist of the plaintiff's assertion is that the defendant is obligated to pay 5,00,000 won to the plaintiff according to the agreement in this case. The defendant is obligated to pay only 40,45,620 won to the plaintiff. The defendant is obligated to pay to the plaintiff the remaining amount after deducting the total of 84,30 won from the amount of 14,544,380 won payable to the plaintiff, which is the amount of 95,780 won for electricity and gas, which the plaintiff approves the deduction from the amount of 14,580 won for unpaid agreement, 624,300 won for waterworks,

The plaintiff is entitled to deduction by the defendant at the time of filing the lawsuit.

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