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(영문) 창원지방법원진주지원 2019.12.10 2019가단872

임대차보증금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 58,997,915 to the Plaintiff (Counterclaim Defendant) and its amount from January 10, 2019 to December 10, 2019.

Reasons

1. Basic facts

A. (1) On June 11, 2015, the Plaintiff leased private-si C Apartment D (hereinafter “instant apartment”) from the Defendant on each condition that the lease deposit is KRW 85 million and the lease term is from June 14, 2015 to June 13, 2017.

(2) Around that time, the Plaintiff paid the above lease deposit to the Defendant and transferred the said apartment.

B. The lease was implicitly renewed due to the fact that the Plaintiff and the Defendant did not express any particular intent on the termination of the lease at the time of the expiration of the lease term.

C. On October 5, 2018, the Plaintiff notified the Defendant that “The instant lease contract will be terminated and will be directors around January 9, 2019.”

According to the above notification, on January 9, 2019, the plaintiff moved out of the above apartment after initialization of the current apartment's identification number.

On May 22, 2019, the defendant returned part of the lease deposit to the plaintiff on May 22, 2019.

[Ground for Recognition: Facts without dispute, Gap's 1, 3, 4, 6, 7, 10, 11, 14, 16, Eul's 1 through 4 (including additional numbers), and the whole purport of pleadings]

2. The assertion and judgment

A. The Plaintiff (1)’s assertion (1) main part of the lawsuit (the cause of the claim) is the Plaintiff; ① the remainder of 58 million won (85 million won - 27 million won) out of the refund amount of the lease deposit following the termination of the lease contract of this case; ② KRW 100,000 out of the cost of replacement of the instant apartment as beneficial cost on June 14, 2015; KRW 260,000,000,000 in total, including the boiler repair cost around January 5, 2018; ③ the Plaintiff’s payment of the long-term repair appropriations paid by proxy during the lease period (from June 2015 to January 9, 2019).

(B) The Plaintiff, who is an employee of the E-Union, runs the credit business.