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Reasons
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(영문) 창원지방법원 2017.04.13 2016가단112160
손해배상(기)
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1. The Defendant (Counterclaim Plaintiff) paid KRW 571,377 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s objection thereto from October 20, 2015 to April 13, 2017.

Reasons

1. The principal lawsuit and counterclaim shall also be deemed the facts constituting the basis;

A. On April 4, 2012, the Plaintiff entered into a lease agreement: (a) leased KRW 30,000,000,000 for lease deposit; (b) KRW 1,700,000 for the rent month; (c) from May 5, 2012 to May 4, 2014; (d) each of the instant lease agreements was leased to the Defendant (hereinafter “instant lease agreement”); (e) the Plaintiff paid KRW 2,00,000 for the contract date; and (e) the remainder of lease deposit KRW 10,00,000 on April 6, 2012 to KRW 10,00 for the remainder of lease deposit on May 5, 2013; and (e) the key contents of the said lease agreement are as follows.

Article 5 (Termination of Contract) Where a lease contract is terminated, the lessee shall restore the above real estate to its original state and return it to the lessor.

In such cases, the lessor shall return the deposit to the lessee, and if the rent in arrears or damages are paid, he/she shall remove it and refund the balance.

Matters of special agreement

1. It is now on the lease;

2. The lessor shall set the cycles for change of use so that the lessee may rent on the PC;

4. The lessee shall bear all the management expenses for the building and all of the public imposts.

6. Fire-fighting systems shall be established by lessees;

7. Monthly rents shall take place 20 days after the completion of change of use;

(Monthly rent may be made before and after May 5, 2012)

8. A ten million won (one hundred thousand won,000,000 won) per year after the lapse of one year from a lease period of two years shall be paid to the lessor;

B. A change in the method of paying rent of KRW 1,870,000 (i.e., KRW 1,700,000 in value-added tax of KRW 170,000) was paid by the Defendant under the instant lease agreement, and the remainder of the lease deposit was not paid even after May 5, 2013, and the Plaintiff and the Defendant around that time did not pay the remainder of KRW 10,000 in value-added tax (value-added tax) instead of paying the remainder of KRW 10,00,000 in value-added tax (value-added tax).

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