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(영문) 인천지방법원부천지원 2014.08.12 2013가단29594
임대차보증금반환
Text

The defendant shall pay to the plaintiff KRW 11,215,484 as well as 6% per annum from August 18, 2013 to August 12, 2014, and the next day.

Reasons

Facts of recognition

On September 1, 2010, the Plaintiff leased the lease deposit amount of KRW 70,00,000, monthly rent of KRW 370,000 (in addition to value-added tax, KRW 29,000 for each month), and from September 29, 2010 to September 29, 2015 (60 months) from the Defendant, the Plaintiff paid the said lease deposit to the Defendant.

(2) On December 11, 2010, the Plaintiff and the Defendant entered into a special agreement to modify the terms and conditions of the instant lease agreement (hereinafter “instant lease agreement”). The main contents are as follows.

(hereinafter referred to as “instant special agreement”). The term of the contract is adjusted from five years (from September 29, 2010 to September 29, 2015) to two years and nine months (from September 29, 2010 to June 29, 2013).

The rent (3.7 million won) shall be adjusted from December 29, 2010 to October 29, 201.

[The rent of 2.8 million won shall be 370,000 won, which shall be deferred for ten months (900,000 won x 10 months)] 12% per annum at the time of arrears of the rent.

Accordingly, from January 29, 2011 (i.e., January 29, 201) to April 29, 2011 (i.e., April 29, 2011), the Defendant issued a tax invoice stating the amount of KRW 3,700,000, tax amount of KRW 370,000, tax amount of credit receivable, and KRW 900,000, respectively to the Plaintiff.

On the other hand, around May 201, the Defendant, at the Plaintiff’s request, consulted on the method of reducing the monthly rent to KRW 2,00,000 (hereinafter “instant consultation”). After May 201, the Plaintiff paid KRW 2,200,000 to the Defendant from May 201. In this regard, the Defendant issued a tax invoice stating the amount of KRW 2,00,000, the amount of KRW 200,000, the amount of KRW 200,000, and the amount of credit receivable to the Plaintiff, respectively.

On August 17, 2013, the Plaintiff handed over the instant building to the Defendant.

[Ground of recognition] Facts without dispute, Gap 1 through 3 evidence, Eul 2, 4, and 6 evidence (including a Serial number), each of the parties' arguments as to the purport of the whole pleadings.

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