logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2014.05.27 2013가합17526
보증금반환
Text

1. The counterclaim Defendant: 40,557,279 won to the counterclaim and 5% per annum from August 23, 2013 to May 27, 2014.

Reasons

1. Facts of recognition;

A. On August 6, 2010, the Lessee, the owner of the building listed in the separate sheet (hereinafter “instant building”), set lease deposit amount of KRW 100,00,000 (excluding value-added tax), monthly rent of KRW 6,00,00 from August 10, 2010 to KRW 24 months from August 10, 2010, and KRW 100,000 (hereinafter “the first lease”). The Lessee paid the lease deposit to the Counterclaim Defendant. (B) On August 14, 2012, the Lessee: (a) the term “138 cafeteria restaurant 138,” among the instant building, was set as lease deposit amount of KRW 10,00,000,000, KRW 100,000,000, KRW 100,000,000,000 (hereinafter “the lease deposit”).

(The object of the instant lease Nos. 1 and 2 is the same as the object of the instant lease, and hereinafter “the leased object”).

Around June 20, 2013, the counterclaim provided a restaurant with the name of “C” in the instant leased section, and all the rents incurred until January 19, 2013 were paid. However, the counterclaim did not pay the rent from February 20, 2013 (from January 20, 2013 to February 19, 2013). Around June 20, 2013, the counterclaim Defendant sent to the counterclaim a written notice containing his/her intent to terminate the instant lease agreement by means of content-certified mail on the grounds of the non-payment of two or more rents.

On June 21, 2013, the said postal item reached the Lessee.

On August 22, 2013, the Counterclaim Defendant delivered the instant leased portion to the Counterclaim Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Gap evidence 11-1, 2, Eul evidence 1-1, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The summary of the claimant's assertion of the counterclaim 1 is about 100.

arrow