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(영문) 인천지방법원 2017.05.25 2016가단40230
보증금등반환
Text

1. The Defendant shall pay to the Plaintiff KRW 13,772,040 and the interest rate of KRW 15% per annum from August 31, 2016 to the date of complete payment.

Reasons

1. Claim for the refund of deposit;

A. On November 8, 2010, the Plaintiff leased D’s factory building located in Kimpo-si (hereinafter “instant building”) from C to December 1, 2012, the period from November 2, 2012 to December 1, 2013, after setting the deposit amount of KRW 30,000,000, monthly rent of KRW 3,000,000, and the period from November 30, 2010 to December 1, 2012.

Upon purchasing the instant building from C Co., Ltd., the Plaintiff: (a) around February 2014, the Plaintiff leased the instant building from E Co., Ltd. to KRW 35,00,000; (b) around March 1, 2014; (c) during the period from March 1, 2014 to February 28, 2016; and (d) on September 30, 2015, after the Defendant purchased the instant building, the lessor changed the lessor to the Defendant.

(B) The Defendant demanded the extension of the contract term of this case to raise KRW 4,00,00,00 in front of the expiration of the contract term, and notified the delivery of the building of this case, and requested the Plaintiff to adjust the increased amount. If it becomes known, it shall be the previous rent for three months after the expiration of the contract term, and it shall thereafter be paid to the Defendant at the request of the Defendant on July 31, 2016, but the consultation was eventually concluded. c) The Plaintiff moved out of the building of this case on July 31, 2016, and on August 8, 2016, sent proof to the effect that “The key of the building of this case was inside the board of directors, and was placed after the president’s entrance and the end of the second-story women’s toilet receipt room,” and that the above content certification reached the Defendant on August 9, 2016, including the Defendant’s evidence of payment No. 3060,70,700,706.

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