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(영문) 서울남부지방법원 2015.02.05 2014나10859

임대차보증금 등

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1. Of the judgment of the first instance court, KRW 3,076,823 against the Plaintiff and its related thereto are from May 15, 2014 to February 5, 2015.

Reasons

1. Facts of recognition;

A. On October 11, 2007, the Plaintiff leased the land and building in Guro-gu Seoul Metropolitan Government (hereinafter “instant real estate”) owned by the Plaintiff to the Defendant by setting the lease deposit amount of KRW 5 million and KRW 600,000 per month.

B. On September 20, 2009, the Plaintiff concluded a renewal contract with the Defendant on September 20, 200, with a lease deposit of KRW 3 million, monthly rent of KRW 550,000, monthly rent of KRW 550,000, and period of lease as from September 20, 2009.

(hereinafter “instant lease agreement”). C.

The instant lease agreement is implicitly renewed, and the Defendant removed from the instant real estate on October 31, 2013.

On the other hand, the defendant did not pay the electricity fee of 663,920 won at the time of the eviction and paid it by the plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 4, the purport of the whole pleadings

2. The Plaintiff’s assertion should pay to the Plaintiff KRW 5,00,00, interest rate of KRW 50,00 for the rent unpaid by the Defendant, KRW 185,00 for garbage treatment and cleaning expenses, KRW 40,80 for separate collection plastic bags, KRW 663,920 for electricity charges, KRW 350,00 for replacement of exhausters ( KRW 700,000 for repair expenses), KRW 495,00 for real estate brokerage fees, and KRW 5,209,720 for real estate brokerage fees.

3. Determination

A. According to the above facts, the instant lease agreement was terminated by the Defendant’s eviction on October 31, 2013.

B. The Defendant’s rent (1) unpaid rent (1) to be paid by the Defendant (49 months from September 20, 2009 to October 31, 2013) 27,162,903 = 26,950,00 won = 550,000 won per month x 49 months) + 212,903 won (= 550,000 won per month x 12/313 from October 20 to November 19, 2013; 24,750,000 won from September 20, 200 to October 31, 2013) + the Plaintiff’s allegation that there is no dispute between the Defendant’s payment of the deducted rent (24,750,000 won from September 20, 209 to October 31, 2013) and the Defendant’s payment of the remainder of KRW 3050,2070,3050.2.3