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(영문) 대구지방법원서부지원 2016.06.14 2015가단7392
임대차보증금반환
Text

1. As to the Plaintiff KRW 19,040,194 and KRW 17,586,732 among them, the Defendant shall pay to the Plaintiff KRW 17,58,732 from July 25, 2014, and KRW 1,453,462.

Reasons

On January 29, 2011, the Plaintiff entered into a contract with the Defendant on the lease deposit of KRW 50 million, monthly rent of KRW 320,000 (excluding value-added tax), and the lease term of KRW 24 months from the date of the lease deposit (hereinafter referred to as “first lease contract”) with respect to the portion (a) part (a) and 83 square meters in a ship connected each point in sequence with the real estate listed in the attached Table 1, among the real estate listed in the attached Table 1.

On February 17, 2011, the Plaintiff entered into a contract with the Defendant for the lease deposit of KRW 40 million, monthly rent of KRW 240,000 (excluding value-added tax), and the lease term of KRW 24 months from the date of the occupant deposit (hereinafter “second lease contract”) with respect to the portion (B) of KRW 100,000 square meters in the ship connected each point in sequence of the attached Form 2 real estate, as indicated in the attached Table 5, 6, 7, 8, 9, and 5.

The special terms of the first and second lease contract include the starting date of the rent as the starting date of the business, and the common fee (joint water supply system, joint electricity, cleaning service fee, etc.) is written in proportion to the size of the store.

By March 31, 2011, the Plaintiff paid the Defendant a total of KRW 90 million under the lease deposit under the lease contract No. 1 and 2, and operated the clothing sales store from April 2, 201 to the trade name “C” in the first real estate, and from the second real estate, “D” in the trade name.

The Plaintiff and the Defendant reduced the monthly rent of the first real estate from September 201 to KRW 2.7 million. From July 2012, the monthly rent of the first real estate has been reduced by KRW 200,000 from around July 201 to KRW 2,50,000 per month. The difference of the second real estate has been KRW 2,20,000 per month.

The Defendant filed a lawsuit against the Plaintiff on July 24, 2014 (hereinafter “previous lawsuit”) seeking the delivery of real estate Nos. 1 and 2 real estate and delayed payment, and the Plaintiff still pending the lawsuit.

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