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(영문) 창원지방법원 통영지원 2018.06.19 2017가단3696
임대보증금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 20,100,000 to the Plaintiff (Counterclaim Defendant) and its payment from June 21, 2017 to June 19, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The fact of recognition was that the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) and the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) entered into a lease agreement on February 21, 2012, with respect to the entire first floor and the entire first floor above the ground of Tong Young-si (hereinafter “instant commercial building”) around 200,000,000, and with respect to the term of lease from March 21, 2012 to March 20, 2017, the lease agreement was concluded between March 21, 2012 and March 20, with the amount of KRW 12,50,000 ( KRW 3,50,000 on the ground of KRW 9,00,000 on the ground of KRW 11,50,000, around October 2013.

Around April 2016, the Plaintiff and the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with respect to the entire portion of the first floor of the instant commercial building (leased) as KRW 40,000,000, and KRW 9,000,000 per month of rent (value-added tax separately). At the time, the Plaintiff agreed to exempt the Defendant from the rent for three months from December 21, 2015 to March 20, 2016, and the Plaintiff paid the Defendant KRW 4,00,000 as the lease deposit.

On July 14, 2016, the Plaintiff and the Defendant entered into a modified contract to add one store to the subject matter of the instant lease agreement. Accordingly, the subject matter of the instant lease agreement was 19 units of 19 units among the instant commercial buildings (hereinafter “instant commercial buildings”).

On February 23, 2017, the Defendant notified the Plaintiff that the instant lease agreement was terminated on the ground of the Plaintiff’s delinquency in rent.

Accordingly, on March 19, 2017, the Plaintiff and the Defendant concluded a lease agreement on the whole of the first floor and the first floor above the instant commercial building under the same conditions for three months from March 20, 2017 to June 20, 2017. If a lease agreement is not concluded after three months, the Plaintiff shall transfer the instant commercial building without a condition, but the Plaintiff shall not also deliver the instant commercial building after three months.

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