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(영문) 대구지방법원 2014.09.03 2013나302820
건물인도 등 청구의 소
Text

1. The judgment of the first instance on the principal lawsuit is as follows, based on the expansion of the purport of the claim in the trial of the Plaintiff (Counterclaim Defendant).

Reasons

1.The following facts of recognition may be found either in dispute between the parties or in full view of the respective entries in Gap evidence 1 to 6 (including paper numbers) and the whole purport of the pleadings:

On March 12, 2009, with respect to the portion of 233.7 square meters of the first floor bath (hereinafter “instant building”) among the buildings listed in the attached list owned by the Plaintiff’s husband, the Plaintiff entered into a lease agreement with Defendant B, between the lessor, Defendant B, and the lessee, and deposit money (for the remainder of 40,000,000,000 won, the monthly interest rate shall be paid each 400,000 won, instead of deposit, until the 12th day of each month); the rent was KRW 1,50,000 (Provided, That from October 209 to September 201, 201, KRW 1,000,000, KRW 3000,000, and KRW 300,000,000, and KRW 300,300,000, and KRW 300,300,31,209,200.”

According to the terms and conditions of the instant lease agreement, the lessor may terminate the contract immediately if the lessee fails to pay the rent more than twice consecutively.”

B. The Plaintiff received 16,450,000 won in total on 15 occasions from Defendant B, from April 13, 2009 to June 15, 201, as monthly rent, etc.

C. Around September 2009, the Plaintiff paid 10,000,000 won out of the security deposit to Defendant B, and deducted the unpaid monthly rent of 4,500,000 from the security deposit to be refunded.

(Really paid money is KRW 5,500,000). D.

On January 2010, the Plaintiff paid to Defendant B KRW 10,000,000 among the security deposit (return) and deducted the unpaid monthly rent of KRW 6,50,000 from the security deposit to be refunded.

(Really paid money is KRW 3,500,000). (e) The money actually paid is 3,500,000.

On May 1, 2009, Defendant B prepared and delivered a loan certificate with the following contents to the Plaintiff.

Japan: 30,000,000 Won per month for the repayment period: 30,000 won per month

(b)interest: date; and

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