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(영문) 인천지방법원 2017.04.04 2016가합2709
임대보증금등 반환
Text

1. Defendant B Co., Ltd.: (a) KRW 280,403,740, and 5% per annum from September 14, 2016 to April 4, 2017, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. On November 10, 2009, Plaintiff A Cooperatives (hereinafter “Plaintiff Union”) drafted a lease agreement (i.e., the lease deposit amount of KRW 500 million on the land located in Bupyeong-gu, Incheon and E and its ground gas charging facilities, its affiliated facilities, office buildings and other facilities (hereinafter “instant real estate”) between the Defendants and the Defendants on November 10, 209, with respect to the lease deposit amount of KRW 12 million for six months from the date of the lease of the vehicle, KRW 17 million for the subsequent month, and KRW 17 million for the lease period from November 25, 2009 to November 24, 201 (hereinafter “the lease agreement”). (ii) The Plaintiff Union appears to have entered into a lease agreement with the Defendants on June 1, 2010 (hereinafter “the date of signing the lease agreement”) as the date of signing the lease agreement, but it appears to have been written on June 21, 2010.

The agreement was made between the Defendants on the lease deposit and six months from the lease deposit with respect to the instant real estate, including KRW 50 million, KRW 10 million per month, and KRW 15 million per month thereafter (hereinafter “the lease agreement entered into on June 1, 2010”). (c) The Plaintiff Union made a written agreement with the Defendants around May 7, 2010, KRW 190 million per year, and KRW 190 million per May 11, 2010, KRW 200 million per year, and KRW 50 million per month on May 28, 2010, and KRW 150 million per month on July 9, 2010 (hereinafter “Agreement”). The Plaintiff Union and the Defendants drafted the same agreement with the Defendants around March 3, 2011 (hereinafter “the agreement”).

1. Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) (hereinafter “Defendant Co., Ltd.”) shall lease the Plaintiff’s association the Plaintiff’s land and building on the land and ground of Bupyeong-gu Incheon, Bupyeong-gu, and the Defendant C, the representative of the F, to the Plaintiff Union, the Plaintiff Union, by May 1, 2012.

2. As to the rights under the above paragraph (1), the Plaintiff Union shall be from January 2011 to January 2011 to the Defendant Company.

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