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(영문) 인천지방법원 2017.05.11 2016가단20465
임대차보증금반환등
Text

1. The counterclaim Defendant: 1,737,100 won to the counterclaim and 5% per annum from May 13, 2016 to May 11, 2017.

Reasons

1. Determination as to the cause of claim

A. The gist of the Plaintiff’s assertion (i) the Counterclaim Plaintiff leased from C the first floor of the real estate listed in the separate sheet (hereinafter “instant real estate”). The Counterclaim Defendant purchased real estate listed in the separate sheet from C, and the Counterclaim Defendant purchased the real estate listed in the separate sheet from C. As such, the Counterclaim Defendant should pay to the Counterclaim Plaintiff KRW 3.4,10,000 deducting the unpaid rent from KRW 5,000,000,000,000

B. On September 2, 2015, Sheet Lessee entered into a contract with the counterclaim Defendant on the construction cost of KRW 6,583,00 in total of KRW 2,137,500 in additional construction cost, KRW 8,720,50 in total, and until October 2, 2015, the construction work was completed by October 2, 2015. The counterclaim Defendant entered the counterclaim into a contract with the counterclaim Defendant for the construction cost of KRW 4,990,00 in the initial construction cost paid to the Lessee, which is KRW 5,950,00 in the counterclaim, but it appears that it was due to some errors in calculation, such as adding KRW 1,00 in the lease deposit, as seen below.

The above one million won is included in the following defendant's defenses, and the relevant item is deemed to be included in the above part.

2,770,500 won after deduction.

【Counterclaim Defendant agreed to pay the director’s expenses paid by the Counterclaim to the other place in the delivery of the instant real estate. The Counterclaim Defendant should pay 4.9 million won of the director’s expenses to the Counterclaim Plaintiff.

B. (i) On May 17, 2015, the Plaintiff leased the instant real estate from C to May 17, 2015, with the lease deposit of KRW 5 million, KRW 300,000 per month, and the lease term of KRW 300,000 from June 30, 2015 (hereinafter “the lease of this case”); and (ii) around that time the lease deposit was paid to the counterclaim Defendant; and (iii) the instant real estate was sold by a special agreement entered into by the parties at the time of the lease.

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