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(영문) 인천지방법원 2017.11.29 2016가단14286
임대차보증금반환등
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) KRW 16,054,844 and its amount from March 4, 2016 to November 29, 2017.

Reasons

1. Basic facts (the combination of the principal lawsuit and counterclaim);

A. The Defendant leased part of each of the buildings of this case to H (I) from April 21, 2011 to January 31, 2015, and H had engaged in the egratory type business in the above building, as the owner of each building indicated in the separate sheet (hereinafter referred to as E, F, and G Dong; hereinafter collectively referred to as “each building of this case”), located on the land and its ground of Nam-gu, Incheon; and H had engaged in the egratory type business in the above building.

B. On December 8, 2014, the Plaintiff entered into a contract with H to acquire all business rights and equipment of the I company located in each of the instant buildings from H, and the acquisition of assets.

On February 1, 2015, the Defendant and the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the terms that deposit amount of KRW 45,00,000,000 for each of the above E-dong and F-dong (hereinafter “Lease object”) and the lease amount of KRW 6,200,00 for rent (excluding value-added tax) and the term of lease from February 1, 2015 to January 31, 2017.

In the contract terms of the above contract terms, the contract power(electric) is E-dong 150kW, F 30kW, 50kW(30kW is Fdong 1 floor, 50kW is applicable to Fdong 2 floor), and “Fdong e-dong, Fdong 1 floor, 5,300,000 won, and 90,000 won for Fdong 2 floor.”

C. The Plaintiff and the Defendant (JJ) operated their respective factories in each of the instant buildings.

The Defendant calculated the Plaintiff’s share out of the electricity charges claimed by the Korea Electric Power Corporation for each month, and again claimed the Plaintiff, and the Plaintiff raised an objection to the Defendant several times that the electricity charges are excessive.

From September 2015, rent and electricity charges were not paid. D.

On November 25, 2015, the Defendant notified the Plaintiff of the termination of the lease contract on the ground that the lease contract was overdue from September to October 2015.

On the other hand, from November 2015, the Plaintiff did not use the F-dong first floor, and the Plaintiff was a director in the leased object around December 31, 2015.

[Reasons for Recognition] Unsatisfy, Gap evidence 2, 8-12, and 15, the purport of the whole pleadings

2. The parties' assertion

A. The defendant shall raise objection to the plaintiff.

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