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(영문) 부산지방법원 2016.05.25 2015가합2648

보증금반환

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1. The Plaintiff (Counterclaim Defendant) is jointly employed by the Defendant (Counterclaim Plaintiff) from KRW 40,623,851 to April 21, 2016.

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. On December 12, 2014, the Plaintiffs and the Defendant concluded a lease agreement with respect to the buildings listed in the [Attachment List owned by the Defendant (hereinafter “instant building”) as “lease deposit: KRW 300,000,000, monthly rent: KRW 14,000,000 (Additional Tax Table); the lease period: From December 30, 2014 to December 30, 2016; and the special terms and conditions: (a) the interest rate of KRW 17 percent per annum if the rent is overdue; and (b) the lessor may terminate the lease agreement upon the notification of the lessor for at least three months.”

B. On December 30, 2014, the Plaintiffs paid KRW 300,000,000 as stipulated in the above lease agreement to the Defendant, and the Defendant completed the registration of chonsegwon (hereinafter “registration of chonsegwon”) on December 30, 2014 as the Busan District Court received on December 30, 2014 in order to deliver the instant building to the Plaintiffs on the same day and to secure the return of the said lease deposit.

Since then, the Plaintiffs operated a mutual telecom called “Del” in the instant building.

C. The Defendant exempted the Plaintiffs from the rent until January 10, 2015 and paid the rent on the 10th day of each month. However, the Plaintiffs did not pay the rent from February 10, 2015, which was the first rent payment date.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 2, Eul evidence 12, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiffs' assertion 1) At the time of delivery of the building of this case, the plaintiffs did not have a heating in the entire guest room of the second floor of the building above, and part of the building was milched with water sucking, and malodored in the entire building, etc. The plaintiffs were unable to operate properly within the building of this case. The plaintiffs requested the defendant to repair the above defects, but the defendant did not repair the defects. 2)