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(영문) 수원지방법원 2020.11.17 2019나75136
임대차보증금
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

On October 10, 2012, the Plaintiff leased from the Defendant as of June 30, 2012, the lease deposit amount of KRW 50 million, monthly rent of KRW 1,396,800, and the lease term of KRW 30,000,000.

On January 10, 2013, the Plaintiff is between the Defendant and the Defendant.

The lease contract under subsection (a) is terminated and the Defendant agreed to lease the instant building E from the Defendant to KRW 100 million, monthly rent of KRW 3,408,00, and the term of lease from January 14, 2013 to January 24, 2015. However, the Plaintiff agreed to assume the former lessee’s duty to restore the instant building E to its original state due to the special terms and conditions, and return the instant building D to the lessor, instead of restoring to its original state.

On January 11, 2013, the following day, the Plaintiff was issued a written confirmation that the Defendant would pay KRW 10 million out of the cost of restitution to the Plaintiff (hereinafter “instant written confirmation”) upon termination of the said lease agreement from employees G of F Co., Ltd. (hereinafter “F”).

On March 25, 2014, the Plaintiff added the head of the instant building H and E to the leased object on March 25, 2014, and extended the lease deposit amount of KRW 100 million, monthly rent of KRW 4,92,00, and the lease period of the instant building.

On January 24, 2015, the termination date of the lease agreement under the subsection, was determined and leased.

On January 14, 2015, the Plaintiff leased all of the instant building H and E from the Defendant as KRW 100 million, monthly rent of KRW 5,136,00, and the lease term from January 24, 2015 to January 14, 2017.

(hereinafter “instant lease agreement.” However, even after the conclusion of the instant lease agreement, the Plaintiff paid KRW 4,92,00 to the Defendant monthly rent of KRW 5,136,00, not KRW 4,992,00, and the Defendant issued a tax invoice of KRW 4,92,00 per month to the Plaintiff.

On March 22, 2018, the Plaintiff notified the Defendant of the termination of the instant lease agreement, and the notification reached the Defendant at that time.

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