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(영문) 인천지방법원부천지원 2016.06.03 2015가합103745
사용료
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) deliver the buildings listed in the separate sheet;

B. March 3, 2016

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a company that runs real estate rental business, and the Defendant is a company that runs a food and drink business, a food and beverage business, etc.

B. On March 4, 2011, the Plaintiff leased a building listed in the attached list (hereinafter “instant shopping district”) owned by C (hereinafter “C”) between May 1, 201 and April 30, 2016, with a lease deposit of KRW 200,000, monthly rent of KRW 13,000,000 (excluding value-added tax) as well as a lease deposit of KRW 50,000,00 after one year from the date of the contract to increase the lease deposit of KRW 2,00,000 (hereinafter “instant lease contract”).

C. On March 4, 2011, C drafted a written consent to the Defendant that “A consent to the conclusion of the instant lease agreement between the Plaintiff and the Defendant, and is jointly and severally liable with the Plaintiff regarding the instant lease agreement.”

Since then, the Defendant received the delivery from the Plaintiff of the instant commercial building, and operated a cover of 250,000,000 won in succession according to the instant lease agreement (i.e., the increased amount of KRW 200,000,000 in the initial lease deposit).

E. The Defendant spent KRW 7,243,920 to install the instant shopping mall automatic driver’s license in the course of the interior work, and on August 23, 2012, the Plaintiff drafted a receipt (Evidence 7-6) to the Defendant to return the amount equivalent to the construction cost to the Defendant at the time of termination of the lease contract (Evidence 7-6).

F. The Defendant paid the Plaintiff the rent and management expenses according to the instant lease agreement, and did not pay part of the rent and management expenses from November 2013. The specific details (based on February 29, 2016) are as indicated in the list of the details of the rent and management expenses unpaid in attached Form.

G. The Plaintiff on December 2, 2013.

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