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(영문) 제주지방법원 2017.08.31 2016나2321

임대차보증금

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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below is revoked, and above.

Reasons

1. Basic facts

A. On August 22, 2014, the Plaintiffs leased KRW 330 of multi-family house 330 (hereinafter “instant house”) located in Jeju City D from the Defendant on the following terms:

(hereinafter “instant lease agreement”). Article 1 (1) of the Act from August 22, 2014 to August 21, 2015, Article 2 (1) of the Act on August 21, 2015: (a) Article 3 (1) of the Act on Deposit; (b) Article 3 (1) of the Act on Deposit KRW 2,000,000,000,000,000,000,000,000,000,000,000

(2) Expenses incurred in replacing electricity, water and garbage taxes, septic tank collection, cleaning expenses, electric exit, light ore, etc. used by Section B shall be borne by Section B.

Article 4 (2) No Section B shall remodel a leased house or alter its structure.

(3) When violation of the preceding paragraph is committed, restoration to the original state as requested by A.

§ 6(3) No demand for money or other property shall be made in any manner other than the return of deposit under this contract by Section B.

B. The Plaintiffs paid both rent and deposit for lease to the Defendant, and resided in the instant house upon delivery. During the lease period, the Plaintiffs newly installed and used a hole in the entrance and a serial method on the site.

C. After that termination, the term of the instant lease agreement was terminated at the expiration of the term, and the Defendant was at issue with the Plaintiffs’ establishment of a fishing village in the front door without permission, and the Plaintiffs removed the fishing village from the front door and then delivered the instant house to the Defendant.

The defendant, on the ground that the plaintiffs caused damage to the hole in the entrance while installing a hole without permission, deducted one million won in the name of the cost of replacing the entrance from the lease deposit of 2 million won, and returned only the remaining one million won to the plaintiffs.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. The parties' assertion

A. It is reasonable for the Plaintiffs to set up a domination in the instant house entrance.