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(영문) 의정부지방법원 2019.01.25 2018가단105507
보증금반환
Text

1. The Defendant’s KRW 145,270,00 for the Plaintiff and 6% per annum from May 3, 2017 to January 25, 2019.

Reasons

1. Basic facts

A. On January 20, 2014, the Plaintiff entered into a lease agreement between the Defendant and the Defendant, setting the lease deposit amount of KRW 150 million, monthly rent of KRW 200,000 (excluding value-added tax), and the lease term of February 2, 2015, and supplied or processed by purifying by-products, etc. of swine scrap machines at the same time.

In the context of the special agreement on the lease contract prepared, the phrase “30% of the profits shall be paid to E by conducting business in this land and building because the entire factory facilities are settled in E share,” is printed, and the lower part is written with the phrase “to settle the accounts of the profits only for processed portion.”

The above E is the husband of the defendant.

B. On February 3, 2015, the Plaintiff and the Defendant renewed the said lease by setting the monthly rent of KRW 2.5 million (excluding value-added tax) and the lease period by February 2, 2016.

C. On February 3, 2016, the Plaintiff and the Defendant renewed the said lease agreement by setting the lease deposit of KRW 200 million, monthly rent of KRW 4.3 million (excluding value-added tax), and by February 2, 2017.

On May 2, 2017, the Plaintiff delivered the instant building to the Defendant, and the Defendant returned KRW 50 million out of the lease deposit to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 4-2, Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the parties’ assertion (1) Inasmuch as the Plaintiff’s lease agreement was terminated, the Defendant is obligated to return to the Plaintiff the remainder of the lease deposit to KRW 150 million, less KRW 4730,000 (including value-added tax) from April 2017, after deducting the rent of KRW 145,270,000 from the remainder of the lease deposit.

(2) The Defendant’s assertion that the Plaintiff refused to renew one month prior to the expiration of the lease term, and thus, the lease contract is concluded on February 3, 2017.

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