(영문) 전주지방법원 군산지원 2021.02.03 2020가단56955

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(영문) 전주지방법원 군산지원 2021.02.03 2020가단56955

보증금반환

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1. Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) the amount of KRW 23,450,00 and the amount of KRW 23,450 from November 23, 2019.

Reasons

1. Facts of recognition;

A. On November 5, 2013, the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) entered into a lease agreement with the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) on a deposit amounting to KRW 25,00,000, KRW 74.6m2 of the ground retail store (hereinafter “instant building”) among the D, the building owned by the Defendant, and operated a simple restaurant with the name “E” from that time thereafter.

B. On October 2017, when the Plaintiff had renewed the instant lease agreement each year, the Plaintiff notified the Defendant that he/she would no longer renew the lease agreement. However, the Plaintiff made a verbal agreement with the Defendant, by reducing the rent to KRW 1,550,000 each month, with the term of the lease extended by one year and ending on December 2018.

(c)

On October 2018, the Plaintiff finally notified the Defendant of his intention not to renew the lease agreement, and delivered the instant building to the Defendant on June 30, 2019.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 and 2, Eul evidence No. 2 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. According to the above facts finding as to the claim of this case, since the lease of this case terminated on June 30, 2019 after the Plaintiff delivered the building of this case at the latest, the Defendant is obligated to pay damages at the rate of 12% delay per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is calculated by deducting the deposit of 25,000 won from the deposit of 25,000,000 won less the deposit of 1,550,000 won (25,000,000 - 1,550,000 won), and as sought by the Plaintiff, as requested by the Plaintiff, the purport of the claim of this case and the delivery of a copy of the application form for the change of the claim, from November 23, 2019 to the date of complete payment.

3. Judgment on the counterclaim

A. The defendant's assertion 1) The plaintiff is the plaintiff of this case.

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