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(영문) 창원지방법원 2015.04.03 2014가단7479
임대차보증금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 24, 2001, the Plaintiff entered into a lease agreement with the Defendant to lease the three-story of the building on the ground of the land of the Seocho-gu Seoul Special Metropolitan City as deposit 20 million won, rent 800,000 won per month, and rent 80,000 won by June 2003, and received the delivery of the three-story of the above building by paying the above security deposit.

B. While the above lease contract was renewed later, on October 14, 2006, the Plaintiff entered into a lease contract with the Defendant to lease the said 1,2, and3 floors of the building (hereinafter “instant store”) at KRW 20,100,000, monthly rent of KRW 2,300,000 (hereinafter “instant lease contract”) and paid the increased deposit amount around that time.

C. On September 2, 2007, the Plaintiff agreed with the Defendant to raise the deposit amount of the instant store at KRW 36,400,000, and paid the increased deposit amount around that time. On August 9, 2009, the Plaintiff agreed to raise the difference between the Defendant and the instant store at KRW 3,00,000 per month.

After that, the Defendant, upon the Plaintiff’s request, reduced the rent of the instant store by KRW 2,30,000 per October, 201, and KRW 1,400,00 per July, 2013, respectively.

Unlike the Defendant’s recognition, the Plaintiff asserted that the Plaintiff made a verbal agreement with the Defendant to reduce the instant store amounting to KRW 2,300,000 per month around April 1, 201, and KRW 1,400,00 per month around June 1, 2013. However, the evidence submitted by the Plaintiff alone is insufficient to acknowledge it, and there is no other evidence to acknowledge it.

E. From May 2013, the Plaintiff did not pay rent. On October 10, 2013, the Defendant asserted the termination of the instant lease agreement on the grounds of the Plaintiff’s delinquency of rent for at least two years, and the Plaintiff filed a lawsuit against the Plaintiff claiming the name of the building against the Plaintiff, and the copy of the complaint was served on the Plaintiff on October 22, 2013.

The Plaintiff delivered the instant store to the Defendant around October 2013, and the Defendant.

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