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(영문) 서울중앙지방법원 2017.04.18 2016가단76207

임대차보증금반환

Text

1. The Defendant’s KRW 45,016,955 for the Plaintiff and KRW 5% per annum from November 11, 2016 to April 18, 2017.

Reasons

1. Basic facts

A. On April 8, 2014, the Plaintiff entered into a lease agreement with the Defendant and Seocho-gu Seoul Metropolitan Government for the lease deposit of KRW 50,000,000, monthly rent of KRW 800,000, and the lease term of KRW 50,000 from May 12, 2014 to May 11, 2016, and paid KRW 50,000,000 as the lease deposit until around the occupancy date.

B. On November 10, 2016, the Plaintiff agreed with the Defendant to terminate the said lease agreement, and delivered the said five-story part to the Defendant.

C. On the other hand, the Plaintiff and the Defendant stipulated the special terms and conditions of the above lease agreement, and the monthly management fee shall be KRW 30,000 per month (a separate purification cost): Provided, That in the case of the management of a commercial building, the management fee shall be exempted.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the lease deposit amount of KRW 50,000,000 and the damages for delay from November 11, 2016.

3. The Defendant’s assertion as to the Defendant: (a) the Plaintiff asserts that ① the rental fee of KRW 80,00 for March 12, 2015, KRW 4,800,00 for six months from May 12, 2015 to November 11, 2015, KRW 45,000 for septic tanks for one year and six months, unpaid waterworks tax amounting to KRW 58,045; (b) the management fee of KRW 900,00 for two years and six months; (c) two keys to toilets; (iv) two keys to toilets; (iv) rests of toilets and liquids; (v) studs of toilets; (iv) 000,000 for an intrusion on television floor; and (v) 00,000,000,000,0000 won for storage and use of hallways, 10,01,361,61 and 25,2616.

The facts of the reasons for the plaintiff's monthly rent of KRW 4,880,00, for the aggregate of the monthly rent to be paid by the plaintiff, KRW 45,00, for septic tanks, and KRW 58,045 for waterworks do not dispute the plaintiff, or evidence Nos. 1, 6, and 8 for the plaintiff.