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(영문) 인천지방법원 2017.07.19 2016나16016
손해배상(기)
Text

1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

purport, purport, and.

Reasons

1. Facts of recognition;

A. On July 22, 2015, the Plaintiff entered into a lease agreement with Defendant B on the lease of KRW 10,000,000 as security deposit, monthly rent of KRW 1,500,000 (excluding value-added tax) and July 28, 2017, and paid KRW 10,000,00 as security deposit to Defendant B.

B. The Plaintiff paid Defendant B KRW 1,50,000, respectively, and KRW 1,50,000 on August 31, 2015, and October 2, 2015, and KRW 1,50,000 on December 29, 2015, and KRW 1,550,000 on February 1, 2016, and did not pay it thereafter.

C. Around April 2016, Defendant B notified the Plaintiff that the instant lease contract was terminated on the grounds that the Plaintiff was unpaid, and that Defendant B would pay KRW 2,000,000 to the Plaintiff as the director’s expense.

On April 2016, the Plaintiff removed from the instant building.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff asserts that the defendants are entitled to receive 2,585,450 won and 6,000 won of compensation for business suspension and consolation money as a result of late payment of lease deposit, since the defendants, at the time of settlement, unfairly excessive appropriation of rent for one month, electricity, value-added tax, and water rate, were deducted from the lease deposit.

On the other hand, the Defendants asserted that the remaining lease deposit was KRW 819,980 as a result of the settlement by deducting the overdue rent, value-added tax, electricity charges, water charges, and expenses for restoration from the lease deposit when terminating the instant lease contract on April 2016, and the remaining lease deposit was paid to the Plaintiff more than KRW 1,000,000 and KRW 2,000,000,000.

3. Determination

A. The lease contract of this case 1 on or around April 2016, was terminated due to the Plaintiff’s delinquency in rent.

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