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(영문) 대구지방법원 2018.08.23 2017가합1633
유익비상환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 2, 2017, the Defendant paid the Plaintiff the lease deposit amounting to KRW 60 million to KRW 10 million for the lease deposit, and the remainder KRW 50 million for the lease deposit to the Plaintiff on March 2, 2017.

5. An agreement to pay by not later than 31.), monthly rent of KRW 22.6 million (an agreement to pay from June 1, 2017) and the lease period of KRW 5 years from March 2, 2017 (hereinafter “the lease of this case”).

(B) On June 30, 2017, the Defendant notified the Plaintiff that the instant lease contract will be terminated on the grounds that the Plaintiff did not pay the remainder of the lease deposit and monthly rent, etc. (i.e., the Plaintiff, as the cost of removing the existing facilities of the instant building on behalf of the Defendant. (ii) The Defendant notified the Plaintiff of the purport that the instant lease contract will be terminated on the grounds that the Plaintiff did not pay the remainder of the lease deposit and monthly rent, etc. (see, e.g., facts without dispute over the grounds for recognition, evidence Nos. 1, 2, 2, and

2. Judgment on the plaintiff's assertion

A. The gist of the Plaintiff’s assertion was that the Defendant paid KRW 10 million out of the lease deposit. The Plaintiff leased the instant building and disbursed KRW 260,200,000 to the construction work, such as indoor interior interior interior interior interior interior decoration, even number replacement, and the installation of the first floor embankment. As a result, the value of the instant building has increased above the above amount.

However, inasmuch as the instant lease contract was terminated upon the Plaintiff’s termination notice, the Defendant is obligated to pay the Plaintiff the lease deposit of KRW 10 million and the beneficial cost of KRW 260,200,000,000 paid by the Plaintiff.

B. 1) Determination on the claim for return of deposit for lease deposit(1) If the contract is rescinded due to delay of performance, the peremptory notice of performance, which is the prerequisite of the premise, does not necessarily have to be clearly stated in advance for a certain period, and the right of rescission shall accrue after a reasonable period has elapsed from

In addition, the debtor's contract will be rescinded on the ground of the debtor's default.

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