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(영문) 인천지방법원 2016.09.22 2016나6552
보증금반환
Text

1. The plaintiff (Counterclaim defendant)'s conjunctive claim added at the appeal and trial against the principal claim and counterclaim of this case.

Reasons

1. Demand for principal lawsuit:

A. On April 15, 2014, Plaintiff 1, 2014, Plaintiff 1, 2, and 3 (hereinafter “instant real estate”) leased Plaintiff 1, 2, and 3 (hereinafter “instant real estate”) to the Defendant, Seo-gu, Incheon, Seo-gu (hereinafter “instant real estate”) at the rent of KRW 4 million (excluding value-added tax), and from May 1, 2014 to 36 months (hereinafter “the instant lease”). At that time, the Defendant paid KRW 30 million to the Defendant.

The lease of this case was terminated on August 31, 2015, and the Plaintiff did not pay the Defendant the rent of KRW 13.2 million up to that time, so the Defendant is obligated to return the deposit amount of KRW 16.8 million ( KRW 30 million - 13.2 million), which is deducted from the Plaintiff’s unpaid rent, to the Plaintiff.

B) Since the Defendant’s lease deposit is KRW 10 million and the remainder KRW 20 million was paid as the premium for medical facilities in the instant real estate, there is no deposit to be paid to the Plaintiff if the Plaintiff deducts the unpaid rent of KRW 13.2 million from the deposit amount of KRW 10 million. 2) As to the instant lease, the following contract was made between the Plaintiff and the Defendant in relation to the instant lease. (1) The first written contract (Evidence 1), the deposit was printed in KRW 30 million, and KRW 4 million, and KRW 10 million, KRW 500,000,000, KRW 200,000,000 from April 15, 200, and KRW 300,000,000, KRW 500,000,000, KRW 305,000,000,0000, KRW 500,000,000,000,000).

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