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(영문) 대구지방법원서부지원 2020.09.23 2019가단51465
임대차보증금
Text

The defendant's KRW 65,979,924 against the plaintiff and 5% per annum from January 3, 2019 to September 23, 2020.

Reasons

1. Facts of recognition;

A. On February 27, 2017, the Plaintiff leased Daho and E (hereinafter referred to as “instant shopping mall”) from the Defendant as KRW 100 million, KRW 4.2 million per month, KRW 4.2 million per month, and the period from March 15, 2017 to March 14, 2019 (24 months).

(hereinafter referred to as the “instant lease contract”) B.

The Plaintiff did not pay the Defendant the rent of KRW 352,980 and the rent from July 15, 2018, among the rent of July 2017 (paid on June 15, 2017) to the Defendant.

C. On November 21, 2018 and December 7, 2018, on the ground that Article 4 of the instant lease agreement and Paragraph (6) of the Special Agreement stipulate that “When the lessee’s delayed amount of rent reaches two (2) months, the lessor may immediately terminate the said lease agreement, the lessor notified the Plaintiff of the termination of the said lease agreement and sent content-certified mail requesting the restoration of the commercial building to the original state, and the Plaintiff was served following the date of each of the above delivery.

From December 26, 2018, the Plaintiff started the restoration construction of the instant commercial building from around January 1, 2019 and completed the construction work on or around January 1, 2019. On January 2, 2019, the Plaintiff sent a content-certified mail requesting the Defendant to pay the deposit after deducting the unpaid rent, etc., and sent the key of the instant commercial building together.

The defendant received this around January 3, 2019.

【Facts without dispute over the grounds for recognition, Gap evidence 1, 2, 4 and Eul evidence 5 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. Summary of the parties' arguments

A. Since the Plaintiff’s instant lease contract was terminated as the termination of the Defendant, the Defendant is obligated to return to the Plaintiff KRW 7,398,000,000 remaining after deducting the rent from KRW 100,000 to January 3, 2019, from KRW 15,000,000 to KRW 26,000,000,000, which is the date when delivery is completed.

(b) the defendant.

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