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(영문) 광주지방법원순천지원 2013.06.13 2012가합5231
임대보증금 반환 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

From May 1, 2010 to April 30, 2015, the fact that the Plaintiff entered into a lease agreement with the Defendant, who was the first president of the Plaintiff, setting the second floor of the building located in C (hereinafter “instant building”) owned by the Defendant as KRW 50,000,000 for the term of the contract, KRW 50,000,000 for the lease deposit, monthly rent, KRW 4,400,000 for the basic management expenses, and KRW 550,000 for the monthly basic management expenses, has no dispute between the parties.

The Plaintiff asserts that the above lease contract was terminated by agreement between the Parties on April 2012, and sought payment of KRW 38,368,68,680, including the remaining lease deposit and KRW 5,000,000,000,000 for the acquisition cost of assets, such as air conditioners, and damages for delay.

Comprehensively taking account of the overall purport of each statement and argument in Gap evidence Nos. 1, 3, 4, and Eul evidence Nos. 4 (including each number), the plaintiff demanded the representative to reduce the rent to the defendant on the ground that the office rent was lower than the surrounding market price on February 6, 2012 after the representative was changed to D, which is the current chairperson, but the defendant did not pay rent from February 28, 2012. ② The plaintiff asserted that the lease contract is null and void by considering the process of concluding the lease contract on February 28, 2012. The plaintiff asserted that the lease contract is void by considering the issue of the contract, and that the lease contract was ordered to order the plaintiff to order the building of this case by April 29, 2012. However, the defendant refused to return the rent and management fee of the building after deducting the overdue rent and management fee, and the defendant notified the defendant of the return of the deposit within the period of the lease contract.

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