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(영문) 전주지방법원 2019.03.15 2018가단18513
채무부존재확인
Text

1. The plaintiff's defendant based on a lease agreement on real estate in the annexed list between the plaintiff and the defendant.

Reasons

1. Basic facts

A. On December 30, 2015, the Plaintiff entered into a lease contract (hereinafter “instant contract”) with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) with a deposit of KRW 75,000,000, monthly rent of KRW 50,000 (including advance payment, management expenses, and payment on January 25, 2016) and the lease term of KRW 25,000, from January 25, 2016 to January 25, 2018. The Plaintiff agreed to convert the lease contract into monthly rent and calculate the lease amount into one copy.

(Paragraph 4). (b) of the special agreement.

On January 20, 2016, the Defendant paid KRW 59,965,00 to the Plaintiff out of the lease deposit, and did not pay the remainder KRW 15,035,00.

C. The Defendant did not pay the monthly rent from January 25, 2016 to January 25, 2018, and delivered the instant real estate to the Plaintiff on January 25, 2018.

On June 14, 2018, the Defendant sent to the Plaintiff a certificate of claim that the lease deposit be refunded KRW 75,000,000 by June 31, 2018.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 3 evidence, purport of the whole pleadings

2. Determination on the cause of the claim

A. First of all, according to the above facts, the monthly rent that the Defendant is obliged to pay to the Plaintiff is KRW 50,000 (hereinafter “existing monthly rent”), but since the Defendant failed to pay KRW 15,035,00 out of the lease deposit, the monthly rent is 150,350 (15,035,000 x 0.01 x 0.01) added by adding KRW 15,000,000 to the monthly rent that the Defendant is obligated to pay to the Plaintiff pursuant to the above special agreement clause 4. Thus, the monthly rent that the Defendant is obligated to pay to the Plaintiff is 200,350 (15,50,350 won (the monthly rent of the previous month).

B. Meanwhile, since the fact that the Defendant did not pay a monthly rent during the lease term is as seen earlier, the lease deposit that the Plaintiff is obligated to return to the Defendant is paid from the Defendant.

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