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(영문) 대전지방법원 2020.01.22 2018나107075
임대차보증금
Text

1. Of the judgment of the court of first instance against Defendant C Co., Ltd., the amount of the following order to pay:

Reasons

1. The part concerning the principal lawsuit against the defendant B and the above defendant's counterclaim

A. On November 2013, the Plaintiff leased the instant building as KRW 10 million from Defendant B, and paid KRW 10 million to Defendant B around that time. At that time, the Plaintiff and Defendant B did not separately set the lease term. (2) On September 21, 2016, the Plaintiff sent the content-certified mail indicating the intention to refund the lease deposit, and the content-certified mail sent to Defendant B on the following day.

3) Until September 8, 2017, the Plaintiff continued to use the instant building by setting up equipment inside and outside the instant building, maintaining a theft prevention device of the security enterprise, controlling access by others, and having access to the instant building intermittently by the Plaintiff. [In the absence of any dispute over the grounds for recognition, the Plaintiff’s entries, images, and arguments in subparagraphs 3, 6, 19, 1, 2, 3-1 through 4, 4-1, 4-1, 2-2, and 3-1, 4-1, 4-2, and 5-2, and the purport of the entire pleadings

B. On November 26, 2013, the Plaintiff occupied the instant building and delayed payment of the rent from December 2015, but served on September 21, 2016 on September 22, 2016 on the following day, the lease contract was terminated on October 22, 2016. The lease contract was terminated on October 22, 2016: (a) the Plaintiff was paid KRW 28 million (x.......8 million) for the rent period for 35 months; (b) the Plaintiff was paid KRW 19.2 million for 24 months; and (c) the Plaintiff did not pay KRW 11.1 million for 1.8 million for the remainder after deducting the above KRW 8.8 million for the rent period; and (d) the Plaintiff’s lease contract was terminated on September 21, 2016.

It is not only KRW 8,800,000,000,000, which is accepted by the plaintiff, for the rental deposit of KRW 10 million.

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