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(영문) 광주지방법원 2015.01.08 2013가합10705
임대차보증금
Text

1. The plaintiff's claim is dismissed.

2. Of the costs of lawsuit, 80% of the costs of lawsuit is borne by the Counterclaim Plaintiff, and 20% by the Counterclaim Defendant, respectively.

Reasons

1. Basic facts

A. On July 5, 2007, the Plaintiff: (a) operated the lease deposit amount of KRW 200 million; (b) KRW 500,000,000 per month; (c) from March 1, 2008 to February 28, 201; (d) leased the lease term of KRW 401,501 to KRW 300,000,000; and (e) additionally leased the instant building as the lease deposit of KRW 301,000,000,000 from September 4, 2009 to KRW 305,000,000,000; and (e) additionally leased the instant building as the lease deposit of KRW 301,00,000,000,000,000 from September 4, 2009 to KRW 300,505,000,000.

B. On May 23, 2011, the Counterclaim concluded a lease agreement with the Counterclaim Defendant, setting the lease deposit amount of KRW 301,401,501 among the instant building, KRW 20,272,727 (excluding value-added tax), and the lease term of KRW 20,272,727 (excluding value-added tax) from May 23, 201 to May 22, 2013 (hereinafter “first lease agreement”).

In addition, around July 201, the Counterclaim entered into a lease agreement with the counterclaim Defendant and the 6th floor of the instant building by setting the lease term as between July 1, 201 and June 30, 2013 (hereinafter “second lease agreement”) and setting the lease term as between July 1, 201 and June 30, 201, when taking over the “H Hospital” of the G operation on the sixth floor of the instant building from G, the representative director of the Counterclaim Defendant.

Article 4 of the store lease contract (1) If the counterclaim fails to pay the lease deposit by the payment deadline, the counterclaim defendant shall pay the overdue charge calculated by applying 19% per annum to the delinquent amount.

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