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(영문) 수원지방법원 2019.06.13 2018가단555504
보증금반환
Text

1. The Defendant’s KRW 96.8 million with respect to the Plaintiff and 5% per annum from October 16, 2018 to January 25, 2019.

Reasons

1. On March 12, 2010, the Plaintiff entered into a lease contract with the Defendant for a fixed period of KRW 85 million as to the amount of KRW 85 million and the period from April 20, 2010 to April 15, 2012, and received delivery of KRW 80 million out of the deposit.

(A) On May 16, 2012, the Plaintiff and the Defendant agreed to pay KRW 50,000,000 per month for the payment of KRW 50,000 (50,000 per month) of the deposit [A]. The Plaintiff and the Defendant entered into a re-contract on May 16, 2012, the deposit amount shall be maintained at KRW 80,000,000,

[A] On December 15, 2014, the Plaintiff and the Defendant concluded a renewal contract with a monthly rent of KRW 200,000,000,000 from April 15, 2014 to October 15, 2016, stating that “The monthly rate shall be calculated as eight months from April 15, 2014 to December 15, 2014,” and the main sentence shall also be written as KRW 98,40,000,000,000 (=1.6 million) calculated by calculating the monthly rate from April 15, 2014 to December 15, 2014 as stipulated in the special agreement.”

[A] On December 15, 2014, the Plaintiff paid the Defendant the increased deposit amount of KRW 20 million.

[A 12] From May 16, 2012 to December 15, 2014, the monthly rent that the Plaintiff shall pay to the Defendant for the period of 31 months following the conclusion of the above renewal contract from May 16, 2012 is a total of 6.2 million won (=31 months x 200 thousand won).

① From June 16, 2012 to November 20, 2012, the Plaintiff paid a total of KRW 1.2 million for monthly rent; ② KRW 2.4 million for year 2013; ③ KRW 1.8 million for year 2014; ④ as of January 15, 2015, the Plaintiff paid KRW 200,000 as of December 15, 2014.

[A] 12. When calculating the difference, 60 million won (=6.2 million won - 1.2 million won - 2.4 million won - 1.8 million won - 2 million won) shall be unpaid.

On the other hand, the original defendant agreed to pay 60,000 won including management expenses in the monthly rent paid from January 2015.

[A.12, 13] This shall be calculated from December 16, 2014.

After that, the lease period was extended by implied renewal until October 15, 2018.

The plaintiff around May 2018.

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