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(영문) 인천지방법원 2017.07.13 2016가단37487
보증금반환
Text

1. The Defendant’s KRW 37,082,277 as well as 5% per annum from August 18, 2016 to July 13, 2017 to the Plaintiff.

Reasons

1. As to the cause of claim

A. On June 23, 2015, the Plaintiff: (a) concluded, from July 1, 2015 to June 30, 2017, the five floors (Ske golf courses; hereinafter “instant store”) of the building located in Nam-gu Incheon Metropolitan City (hereinafter “Ske golf courses”) of the Defendant’s building located in Nam-gu, Incheon (hereinafter “instant store”) with the deposit amount of KRW 50 million; (b) monthly rent of KRW 3,800,000 (excluding value-added tax); (c) management fee of KRW 1,00,000 (excluding value-added tax); (d) monthly rent of the golf machine of KRW 5,00,00 (30,000) monthly; and (d) monthly rent of KRW 450,000 (payment on January 1, 201); and (e) notified the Plaintiff of the sub-lease and sub-lease of the instant vehicle to the owner of the instant building (hereinafter “Defendant 261,”).

3) On August 8, 2016, the Plaintiff notified the Defendant that “the instant sub-lease will be terminated, and the business will be discontinued as of August 15, 2016, and the deposit will be returned by August 15, 2016.” By August 15, 2016, the Plaintiff operated the instant store and returned the keys on September 2, 2016. (4) The Plaintiff paid the Plaintiff KRW 6,420,292 (rent 4,180,000,000,000,000,000 electricity fee of KRW 1,013,892,126,400,000,000,000 for the instant store until August 26, 2016.

(Unpaid Rent, etc.) . The rent, etc. that was unpaid from August 1, 2016 to August 15, 2016 at the instant store is KRW 3,902,266 [The rent, etc. which was unpaid from August 15, 2016 : KRW 2,090,000 ( KRW 4,180,000 x 15/30 x 15/30), management fee of KRW 50,00 ( KRW 1,10,000 x 1,156,716 water supply fee of KRW 105,550].

5) The unpaid user fee for the golf machine on July 2016 is KRW 5,450,00, and the unpaid user fee from August 1, 2016 to August 15, 2016 is KRW 2,890,000 [2,890,000 ( KRW 5,000 x 15/30,000 as of August 30, 200) (450,000 x 26/30, and 26 days as of August 19).

6) The unpaid telephone charges of KRW 118,215 (No. 81. July 2016).

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