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(영문) 부산지방법원 2016.10.13 2015가합4859
임대차보증금
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 29, 2010, the Plaintiff was running a restaurant business on lease deposit amounting to KRW 200 million, KRW 14,500,000 (excluding value-added tax), management expenses (excluding value-added tax), and KRW 2,400,000 (excluding value-added tax) from November 1, 2010 to March 31, 2015 (hereinafter “instant lease agreement”).

B. On December 16, 2010, at the Defendant’s request, a compromise was established between the Plaintiff and the Defendant as the Busan District Court 2010Da876, and a protocol of compromise, the content of which is the same as that of the attached Form, was prepared.

(hereinafter referred to as “instant protocol of conciliation.” Of the instant protocol of conciliation, the respondent, the Defendant, and the building indicated in the attached list, refers to the store of the instant case)

From April 1, 2012, the Plaintiff and the Defendant changed the lease deposit to KRW 220,00,000 for the instant lease agreement, KRW 15,950,00 for each month, and KRW 2,640,00 for management expenses (excluding value-added tax).

As the Plaintiff delayed payment of KRW 201,521,086, including rent, management fee, etc. from May 2014 to March 2015, the Defendant, on March 31, 2015, notified the Plaintiff that “the lease contract of this case is terminated due to the expiration of the lease term, and the Plaintiff’s delay in rent.” On April 1, 2015, the Busan District Court issued the instant protocol of conciliation with the execution clause to deliver the Plaintiff with the enforcement title, and urged the Plaintiff to deliver the instant store.

E. On April 17, 2015, the Plaintiff paid KRW 201,522,00,000, such as the unpaid rent, to the Defendant.

F. On July 15, 2015, the enforcement officer affiliated with Busan District Court, which was delegated by the Defendant, is the store of this case.

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