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(영문) 대전지방법원 2016.01.27 2014가합109031
임대차보증금
Text

1. 329,134,231 won to the counterclaim and 5% per annum from December 1, 2015 to January 27, 2016.

Reasons

Basic Facts

On August 26, 2011, the Lessee and the Counterclaim Defendant leased (hereinafter “instant lease agreement”) the 4th floor building on the ground B (hereinafter “instant building”) of the Daejeon Jung-gu District District Office of Securities Co., Ltd. (hereinafter “Treatment Securities”) with the lease deposit amount of KRW 300 million, monthly rent of KRW 26 million, and the term of lease from January 1, 201 to December 9, 2012 (hereinafter “instant lease agreement”).

On February 13, 2012, the Counterclaim Defendant sub-leaseed the portion of 561 square meters on the ground of the instant building (hereinafter “the instant sub-lease object”) to the Counterclaim Defendant for the 50 million re-lease deposit, KRW 25 million per month of rent, and KRW 25 million per month of rent, from April 30, 2012 to April 29, 2017 of the sublease period (hereinafter “the instant sub-lease contract”).

At the time of the instant sub-lease contract, if the counterclaim Defendant delayed the payment of the monthly rent, the penalty for delay calculated by 19% per annum shall be paid to the counterclaim, and the monthly rent shall be increased by 8% from the three years after the contract period.

On December 27, 2012, the instant case filed a lawsuit against the Lessee and the Counterclaim Defendant seeking damages equivalent to the rent due to the delivery or illegal possession of the instant building (hereinafter “prior lawsuit”) by the Daejeon District Court 2012Gahap103633, which asserted that the instant lease contract was terminated upon termination, and the said court rendered a ruling to fully accept the claim for the treatment securities on November 27, 2014.

Ruling of recommending reconciliation

1. The Lessee shall deliver the instant building to the treatment securities until November 30, 2015. If the Lessee fails to deliver the said building by the above date, the amount calculated by applying the ratio of KRW 58,300,000 per month from the day following the above date to the delivery date shall be paid to the treatment securities.

2. Except as provided in paragraph 1, the treatment securities shall be the amount of money to the counterclaim and the counterclaim Defendant with respect to the instant lease agreement.

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