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(영문) 수원지방법원 2019.06.13 2018나8399
임대차보증금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts: (a) the period between November 30, 2014 and November 29, 2016, 200, KRW 3 million in monthly rent of KRW 3,000,000 (Separate Table of KRW 300,000,000) for the instant factory in which the Plaintiff and the Defendant’s lease contract and the Defendant’s subject matter of the Defendant’s lease contract are KRW 9,256 square meters; and (b) the period between November 30, 2014 and November 29, 2016.

On November 14, 2014, the representative director D of the Plaintiff and C (hereinafter referred to as “C”) concluded each lease contract (hereinafter referred to as “instant lease contract”) with E on behalf of the Defendant and the factory buildings indicated in the separate sheet (hereinafter referred to as “factory of this case”) as follows: (a) prepare each of the following lease contracts with a certificate; (b) attach a ground plan (story, first floor, and second floor) indicating “the part for exclusive use of the Plaintiff,” “C’s portion for exclusive use,” “the part for common use of the Plaintiff and C,” and “the part for common use of the Plaintiff and C,” attached to the lease contract.

B. On November 28, 2014, the Plaintiff paid each of the Defendant the remainder deposit KRW 27 million on the same day as the down payment, and operated plastic ex-factory in the name of “F” in the instant factory building.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 3 (including paper numbers), the purport of the whole pleadings

2. Summary of the parties’ assertion

A. Since the Plaintiff’s instant lease agreement terminated on September 30, 2016, the Defendant is obligated to pay to the Plaintiff the remainder of the lease deposit, 23.4 million won, after deducting the rent of KRW 6.6 million (including value-added tax, August 2016 and September 201 of the same year) from the rent of KRW 30 million in arrears (including value-added tax).

B. As the Plaintiff and C jointly leased the entire factory of this case, the Plaintiff and C must deliver the entire factory to the Defendant along with C, even if the Plaintiff left the factory of this case around September 30, 2016, the Plaintiff and C.

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