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(영문) 서울동부지방법원 2015.04.06 2014가단35052
부당이득금
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 6,754,875 as well as the full payment from March 8, 2014.

Reasons

1. On March 23, 2009, the Plaintiff: (a) decided on April 15, 2009 with a lease deposit of KRW 64,00,000 for rent; (b) monthly rent of KRW 4,00,000 for a period of two years from April 15, 2009 (hereinafter “instant store”); and (c) paid all the above lease deposit to the Defendant around that time; (d) the instant lease contract was explicitly renewed; and (e) the Defendant, around October 25, 2013, notified the Defendant of the cancellation of the instant lease agreement for reasons of delinquency, such as the Plaintiff’s rent of the instant building (hereinafter “instant building”); (b) the Plaintiff could not return the instant store to the Defendant for a long period of 0,000,000,000 for rent of 64,000 for rent of 20,000,0000 for rent of 20,50,750,000.

2. The lessor is obligated to return the leased object from the lessee to the lessee at the same time. According to the above recognition, the Plaintiff, a lessee, has already returned the store of this case, which is the leased object, to the Defendant, and barring any special circumstance, the Defendant is the lessee, who is the lessee, to be deducted from the Plaintiff out of the above KRW 64,00,000 + KRW 30,800,000,000, whichever is later than seven months.

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