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(영문) 부산지방법원 2018.08.29 2018나43835
손해배상 및 보증금정산 일부금반환
Text

1. Of the judgment of the court of first instance, the part against the Plaintiff is revoked.

Reasons

1. Basic facts

A. 1) On June 4, 2012, the counterclaim Defendant is called the “instant commercial building” in the separate sheet to the counterclaim on June 4, 2012.

(2) On June 5, 2013, 200, 2000 won, 50 million won, 1 million won per month, and 1 million won per rent, and 60 million won from June 4, 2012 to June 3, 2017, 200, 200. (3) The Lessee and the Counterclaim Defendant concluded a lease agreement again by changing the terms and conditions of the above lease agreement to KRW 50 million and KRW 800,000 per rent.

3) On August 2, 2014, the counterclaim and the counterclaim Defendant finally revised the terms and conditions of the above lease, and subsequently concluded the instant lease agreement with a deposit of KRW 30 million, KRW 500,000 per month (payment on the last day of each month), and the term of the lease from August 2, 2014 to July 3, 2017. (B) The counterclaim Defendant agreed to enter into the instant lease agreement with the counterclaim on May 12, 2017, stating that “The instant commercial building was concluded on August 2, 2014, and the instant commercial building was ordered to appear on July 3, 2017,” and that “the instant commercial building was sent to the counterclaim by mail to urge it to be made clear by demanding it to be made.”

5. On December 12, 198, notified you of their intention to re-contract with you, and at the expiration of the term of the lease, you shall notify you once again that you do not intend to re-contract with you, and urge you to keep clear each other by strictly observing the date.

The content-certified mail was sent.

2) On June 12, 2017, the counterclaim Defendant terminated the instant lease agreement and submitted the instant complaint stating the declaration of intent to claim the transfer of the instant real estate on the grounds that the Plaintiff did not pay two or more rents against the Plaintiff to the Plaintiff to the main office of the Busan District Court Decision 2017Da104666 (the Plaintiff did not pay two or more rents), and the said warden reached the Plaintiff on June 23, 2017.

On August 2017, the Counterclaim Defendant returned the key to the instant commercial building to the Counterclaim Defendant, and the Counterclaim Defendant returned the key to the instant commercial building.

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