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(영문) 전주지방법원군산지원 2016.05.03 2014가단7372
임대차보증금
Text

1. Of the instant lawsuit, the attached appraisal Nos. 1, 2, 3.3 among the real estate listed in the attached list from the Plaintiff against the Defendant.

Reasons

Basic Facts

On June 4, 1998, the Defendant entered into a lease agreement with the Plaintiff on the lease deposit amounting to KRW 15 million, KRW 300,000 per month, KRW 300,000 per month, and KRW 24 months from June 4, 1998 (hereinafter “instant lease agreement”). The said lease agreement has been implicitly renewed every two years thereafter.

Article 5 of the above contract provides that the lessee may rebuild or alter the object of the contract with the approval of the lessor, but the lessee shall bear all the costs of the contract in the named city and restore it to its original state, and the special agreement provides that the lessee shall not recognize the facility and the premium. The signboard board 1,500,000 won shall be recognized as the house owner.

The Plaintiff paid only the rent by October 31, 201, and did not pay the rent from November 1, 201. The monthly rent from June 2008 was KRW 250,000.

The Defendant notified the Plaintiff of the termination of the instant lease agreement on the grounds of the delinquency in the payment of two or more rents, and filed a lawsuit seeking to pay 2.50,000 won per month from November 1, 2011 to the day the delivery of the instant store is completed (Seoul District Court Gunsan Branch 2012No. 8562).

During the above lawsuit, the Plaintiff filed a counterclaim against the Defendant for the payment of KRW 45,00,00, total of KRW 15,000,000, KRW 24,830,000, KRW 170,000, KRW 3,000, KRW 3,000, and KRW 15,00,000, KRW 15,000, and KRW 1,500,000, and KRW 1,500,00,000, inasmuch as the Defendant interfered with the business by removing and destroying the signboard at the instant store without permission, etc. (hereinafter “instant counterclaim”).

The above court filed a counterclaim by the plaintiff.

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