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(영문) 의정부지방법원 2015.09.04 2015나5072

임대차보증금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. Facts of recognition;

A. On August 8, 2013, the Plaintiff entered into a lease agreement with the Defendant on the lease deposit amount of KRW 5,00,000,000, monthly rent of KRW 440,000, and the lease term of KRW 12 months from August 26, 2013 to August 25, 2014 (hereinafter “instant lease agreement”). At that time, the Plaintiff was handed over the instant officetel after the Defendant paid the entire lease deposit to the Defendant.

B. Upon the expiration of the period on August 25, 2014, the Plaintiff delivered the instant officetel to the Defendant on the same day, and the Defendant, on August 27, 2014, remitted the remainder of KRW 3,939,020 (= KRW 5,000,000 - KRW 1,060,000) obtained by deducting KRW 1,060,980, out of the above lease deposit 5,000,000, KRW 1,060,980 to the new bank account in the Plaintiff’s name.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 2 and 4, the purport of the whole pleadings

2. According to the facts acknowledged prior to the assertion and judgment, the defendant does not dispute the plaintiff's remaining lease deposit 1,060,980 won which the plaintiff claimed from the remaining lease deposit 1,060,980 won (=1,060,980 won - 480,000 won) should be deducted from unpaid management expenses, etc.

shall be liable to return.

As to this, the Defendant did not pay the Defendant value-added tax of KRW 44,00 separately from monthly rent of KRW 440,00 according to the terms of the instant lease agreement, and the Defendant did not pay the Plaintiff value-added tax of KRW 528,00,00 (=44,000 x 12 months), which is the value-added tax amount for the said monthly rent of KRW 480,000, which is the amount equivalent to value-added tax for 12 months (=4,000 x 12 months). However, the total amount of value-added tax to be deducted from the instant deposit is KRW 528,00, taking into account that the Defendant’s accounting staff did not demand it in advance.