(영문) 부산지방법원 2021.03.31 2020가합417

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(영문) 부산지방법원 2021.03.31 2020가합417

잔여채권

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The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. (1) On November 7, 2016, the Plaintiff entered into a lease agreement with the Defendant for each of the real estate listed in the attached Table 1 (hereinafter “instant real estate”), and paid the full amount of the deposit to the Defendant (hereinafter “the instant first lease agreement”) with the lease deposit of KRW 1,300,000,000, the rent of KRW 20,000 (the additional value tax is separate, the rent of KRW 17,00,00 (the payment on November 17, 2016) and the lease period from November 17, 2016 to November 16, 2017.

2) On December 6, 2017, the Plaintiff, despite the termination of the instant first lease agreement, was decided to commence a voluntary auction of the instant real estate to Busan District Court Seo-Support C on December 6, 2017, when the Defendant did not return the lease deposit.

3) On February 24, 2018, the Plaintiff concluded a lease agreement with the Defendant to lease the instant real estate again for one year (hereinafter “instant secondary lease agreement”) and drafted the following agreement:

The term of the lease contract under the agreement: The deposit and rent for lease between February 25, 2018 and February 24, 2019 (1) shall be KRW 1,300,000,000, monthly rent of KRW 11,000,000 (including value added tax): The defendant shall refund 300,000,000,000 out of the total amount of the deposit to the plaintiff on August 31, 2018.

Monthly rent adjustment: The monthly rent shall be 14,300,000 won in the event that paragraph (3) is implemented, and the monthly rent shall be paid after deducting the monthly rent from KRW 1,500,000 in the event that the implementation is delayed.

① The monthly rent of KRW 22,00,000 shall be paid to the Defendant by the Plaintiff, which has been unpaid within the existing contract period.

② Monthly rents from November 25, 2017 to February 24, 2018 (3 months) shall be non-paid under mutual agreement; and the Plaintiff’s voluntary application for auction for the purpose of returning rental deposit shall be withdrawn.

6. Unless a notice of mutual termination is given two months before the term of the contract under this Agreement, it shall be extended automatically by one year.

7.Other contracts shall be in accordance with the existing provisions of this Agreement.

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