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(영문) 서울동부지방법원 2016.08.25 2015가단14021
임대차보증금
Text

1. The Defendant’s KRW 6,00,000 as well as 5% per annum from April 9, 2015 to August 25, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On June 12, 2003, the Plaintiff and C entered into a lease agreement with each of the following dates: (a) the lease object owned C on June 12, 2003: (b) approximately KRW 38,70 square meters (hereinafter “the leased object”); (c) the lease deposit amount was KRW 70,000, KRW 1,000 per month; and (d) the period was fixed as one year from June 30, 2003 to one year; (c) the Plaintiff paid the above KRW 70,000,000 per annum to the Plaintiff on June 19, 2003; and (d) the Plaintiff had been operating a child care center at India on June 30, 200; and (e) the Plaintiff had been operating a child care center at India on June 19, 203 with the implied payment of KRW 70,00,000 per annum on June 30, 2003.

B. On September 14, 2004, the Plaintiff and C entered into a lease agreement with approximately 19 square meters in terms of housing among the instant building; KRW 40,00,00 in terms of lease deposit; KRW 200,00 in terms of rent; and the period from September 20, 2004 in terms of two years (hereinafter “second lease”); the Plaintiff occupied and used the leased object by delivery on September 20, 2004; and the second lease was also implied until March 2, 2010.

[The defendant asserts the existence of the second lease; however, in light of the following circumstances: (a) the second-story area of the building in this case is about 89 square meters; (b) the second-story area of the building in this case is about 70 square meters and about 20 square meters; (c) if the second-story area of the second-story and the second-class lease 19 square meters are combined, it is consistent with the second-story area of the object in this case; and (d) if the details of the change in the rent deposit amount in the lower judgment are reasonably explained at the time of the premise of the existence of the second lease, it is reasonable to deem that the second-class lease contract was actually concluded).

C. On April 3, 2006, the Plaintiff and C set the lease object in two partitionss for the copon store of the instant building, 600,000 won per month, and 60,000 won per month, and 2 years from April 3, 2006.

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