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(영문) 광주지방법원 2016.08.10 2015나3743
임대차보증금
Text

1.The part concerning the principal lawsuit in the judgment of the court of first instance shall be modified as follows:

The Defendant-Counterclaim Plaintiff (Counterclaim).

Reasons

1. Determination as to the principal lawsuit

A. On May 2, 2009, the Plaintiff leased 3 stores (hereinafter “instant stores”) from the Defendant on May 2, 2009, among three stores located on the first floor of the Gwangju-si Land Building (hereinafter “instant building”) with a lease deposit of KRW 20,00,000, monthly rent of KRW 600,000, and the lease term of KRW 20,000,000 from May 2, 2009 (hereinafter “the instant lease”), and around that time, paid the Defendant the lease deposit of KRW 20,00,000,000 to the Defendant. The said lease contract was renewed once, and terminated on May 1, 201, and on that day, the Plaintiff did not dispute between the parties to the instant building and the Defendant, or could be recognized by the purport of the entire statement and pleading as to KRW 1,00,000, KRW 2000, KRW 30500, 200, 2005.

B. The defendant's defense 1) The defendant did not comply with the plaintiff's claim on the part of the plaintiff, although the plaintiff has a duty to restore to the state when he receives the store of this case as a tenant, it is necessary to restore to the original state 17,167,50 won which is the sum of 17,204,850 won (17,50 won + 37,350 won) and 17,204,850 won (17,50 won + 37,50 won) of the remainder of the deposit 15,80,000 won as mentioned above. Thus, the plaintiff is obligated to pay the above amount to the defendant.

When the Plaintiff received the instant store, it is identical to a subdivision that was established in 2 stores as of the end of the year when the Plaintiff returned the instant store.

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