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(영문) 수원지방법원 2015.02.04 2014나28753
임대차보증금
Text

1. Of the part on the principal lawsuit in the judgment of the court of first instance, the part on the Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant) 2,406.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in Gap evidence No. 1 and evidence No. 3-1 and No. 2 as to the cause of the claim, the plaintiff leased Nos. 15,00,000, 700,000, and 2 years for the lease of the above lease contract from the defendant on Nov. 23, 2005 to the defendant on Nov. 23, 2005, the above lease contract was renewed until 2009, 200, 300,000, 60,000,000, and 30,000 after the lease contract was renewed from the defendant on Dec. 13, 2009 to the defendant on Nov. 30, 2009, 200, 300,000, 200,000, and 30,0000,000,000 were continuously leased to the plaintiff and the defendant on Feb. 215, 2018, 201.

Therefore, the above lease contract concluded between the Plaintiff and the Defendant was lawfully terminated on November 9, 2013.

Therefore, (Article 10(4) and (5) of the Commercial Building Lease Protection Act). The defendant has a duty to pay the remaining lease deposit 2,480,000 (=5,000,000 - 2,520,000) after deducting the above overdue interest from the plaintiff, unless there is a special reason to the contrary.

2. Judgment on the defendant's defense

A. The defendant asserts that ① from April 2008 to November 2009, the damages for delay due to the delay in the payment of the Plaintiff’s rent amounting to KRW 2,700,000 and ② damages for delay due to delay in the payment of KRW 2,520,000 as above, ③ if the amount equivalent to KRW 3,00,000 exceeds the above remaining lease deposit amount, the amount exceeds the above remaining lease deposit amount, and thus, the plaintiff cannot respond to the plaintiff’s principal claim.

(b) judgment;

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