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(영문) 인천지방법원 2020.05.13 2019나57773

부당이득금 및 보증금반환

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1. Of the part concerning the counterclaim of the first instance judgment, the Plaintiff (Counterclaim Defendant) who exceeds the following amount ordered to pay.

Reasons

1. Basic facts

A. The Defendant is the owner of the business building located in Nam-gu Incheon Metropolitan City (hereinafter “instant business building”) Dadong E, F, and G (hereinafter “the following housing units”)

B. On August 6, 2004, the Plaintiff concluded a lease agreement with the Defendant, on behalf of the Foundation I located in Yeongdeungpo-gu Seoul Metropolitan Government H (hereinafter “I”), which is from August 31, 2004, as the deposit amount of KRW 100,000,000, and from August 31, 2004 to August 31, 2006.

C. On April 22, 2008, the Plaintiff entered into a lease agreement with the Defendant and E, which is KRW 5,000,000, monthly rent of KRW 250,000, and the lease period from April 25, 2008 to April 25, 2010.

The lease contract is stipulated as a special agreement as a separate management fee.

On December 10, 2014, the Plaintiff entered into a lease agreement between the Defendant and E and F, which is KRW 20,000,000, monthly rent of KRW 600,000, and the lease period from November 25, 2014 to November 25, 2015.

The lease contract is stipulated as a special agreement as a separate management fee.

The lease contract between the Plaintiff and the Defendant was terminated on April 25, 2018, and the Plaintiff delivered E and E and F to the Defendant.

E. On April 27, 2018, the Defendant displayed to the Plaintiff the documents “the settlement of the J Center deposit (Evidence A No. 4, hereinafter “instant settlement”).

The plaintiff entered the account number in the statement in Paragraph 3 of this case, and the defendant returned 14,075,098 won and 1,180,471 won to the plaintiff for repair management expenses under Paragraph 1 and Paragraph 2 of this case.

J Center's settlement of deposits

1. 보증금 정산 ① 총 보증금 ₩20,000,000 ② 보증금반환(10%) ₩2,000,000 (2018. 3월입금) ③ G호 미납관리비(임대인 대납(2018. 2. 27 ₩3,098,902 ④ 임대료 2018. 3. 25~2018. 4. 24 ₩660,000 2018. 4. 25~2018. 4. 27 ₩66,000 ⑤창문 유리 수리비 ₩100,000 ⇒ 보증금 반환액 (① - ② - ③ - ④ - ⑤) 금 ₩14,075,098원

2. Repair and management expenses.