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(영문) 부산지방법원동부지원 2016.04.21 2015가단204016

임대차보증금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The parties' assertion

A. The Plaintiff asserted that the Plaintiff leased the fourth floor 25 square meters (hereinafter “the leased object of this case”) from the Defendant, among the building built of reinforced concrete C concrete in Suwon-gu Busan (hereinafter “the leased object of this case”), and paid KRW 30,000,000 to the Defendant.

The instant lease agreement was concluded on April 2004, and the Plaintiff delivered the leased object of this case to the Defendant on May 30, 2004, and thus, the Defendant is obligated to pay KRW 30,000,000 and delay damages to the Plaintiff.

B. According to the instant lease agreement asserted by the Defendant, the Defendant is obligated to pay the Plaintiff KRW 880,000 per month for rent and KRW 70,000 per month for management expenses.

The Defendant paid only two-month rent during the lease term, and received the refund of the leased object of this case around May 2006, and thus the lease deposit of this case was deducted from the overdue rent, etc. during the lease term.

2. Determination

A. On May 30, 2003, the Plaintiff leased the leased object of this case from the Defendant to KRW 30,000,000, KRW 880,000 per month of rent (including value added tax), and from June 1, 2003 to May 31, 2005, the Plaintiff paid KRW 30,000,000 to the Defendant on May 30, 2003. (2) The Plaintiff paid the Defendant a sum of KRW 1,760,000,000, monthly rent for June and July 2003.

3) On May 9, 2005, the Defendant notified the Plaintiff of the termination of the instant lease agreement on the grounds that the Plaintiff had failed to pay rent and management expenses under the instant lease agreement, and sent a content-certified mail demanding the response by May 31, 2005. [In the absence of any dispute over the grounds of recognition, Gap evidence Nos. 1, Eul evidence Nos. 2, 3, and 4, the purport of the entire pleadings, and the purport of the entire pleadings.

B. As seen earlier, the date of termination of the instant lease agreement and the Defendant’s obligation to return the lease deposit, the termination date of the instant lease term is May 31, 2005, and the Defendant is the Plaintiff on May 9, 2005.