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(영문) 서울서부지방법원 2021.01.22 2020나44487
보증금반환
Text

Of the judgment of the first instance against a counterclaim, the plaintiff (the counterclaim defendant) who exceeds the amount ordered to be paid under the following.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

The scope of the judgment in this court is determined as follows: (a) as a lessee under a lease agreement, the Plaintiff filed a claim against the Defendant, a lessor, for the refund of KRW 200,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

As a counterclaim, 35 million won (i.e., KRW 12 million) and delayed damages (i.e., KRW 3.5 million) were claimed. The first instance court dismissed all of the Plaintiff’s principal claim and, at the same time, accepted only the entire principal and part of the claim for overdue rent of KRW 12 million among the Defendant’s counterclaim and damages for delay of KRW 3.5 million, and dismissed the remainder. In response, only the Plaintiff appealed for all of the part against the principal claim and counterclaim. Accordingly, the subject of the judgment of this court is limited to the part against the Plaintiff.

2. Basic facts

A. On August 29, 2018, the Plaintiff: (a) with the Defendant on August 29, 2018, for the purpose of operating the wholesale and retail business of foreign brand clothing, carpets, etc., the lease deposit for five stories plus approximately 100 square meters for five stories and approximately 170 square meters for the entire rooftop (hereinafter “instant store”); (b) the monthly rent (if payment is delayed for more than three months, it is possible to terminate the contract) for the first three months following the remainder payment date; (c) the period for the next three months shall be 20 million won for the first three months; and (d) the period for the next three months shall be 25 million won for the rent adjustment as the monthly rent adjustment period; and (e) the period for the subsequent three months shall be 25 million won for the rent adjustment period; and (e) the adjustment period shall be 30 million won for the subsequent three months after the remainder payment date.

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