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(영문) 울산지방법원 2018.05.25 2016가단25996

임대차보증금반환 등

Text

1. The Defendant’s KRW 24,341,00 for the Plaintiff and KRW 5% per annum from November 9, 2016 to May 25, 2018.

Reasons

1. Basic facts

A. On March 2008, the Plaintiff and the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with the 6th underground floor from the 10th basements of Ulsan-gu C building owned by the Defendant on the condition that the 300 million won of the deposit deposit, the 22.4 million won of the monthly rent, and the contract term until March 25, 2013 (However, according to the instant lease agreement, if the other party did not notify the other party of his/her intention to modify the terms and conditions of the lease agreement three months prior to the expiration of the lease agreement, the lease agreement shall be deemed to have been extended for two years under the same condition).

B. After February 1, 2010, the Plaintiff paid 100 million won in addition to the rent of 7th floor of the instant building, and paid 300 million won in addition to the monthly rent. On April 28, 2010, in lieu of increasing the rental deposit from 300 million to 600 million won, the monthly rent was adjusted to the sum of 21,38,000 won (excluding additional tax). As of April 1, 2012, the lease term was extended to March 31, 2015, while the monthly rent was increased to the sum of 22,608,000 won (excluding additional tax).

(c) the contract periods calculated through the above courses and the monthly rents for each floor are as listed in the following table:

On June 30, 2014, the Plaintiff delivered the 7th floor of the instant building to the Defendant, and the Defendant returned the 100 million won deposit to the said 7th floor to the Plaintiff.

E. On June 8, 2016, the Plaintiff started to leave the instant building on 10.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 6, the purport of the whole pleadings

2. The fact that the Plaintiff entered into a lease agreement on the sixth floor among the instant building, among the instant building, on the ground level from the first floor to the sixth floor, and finally paid the deposit amounting to KRW 600 million. The fact that the Plaintiff left the said building as of June 10, 2016, and that the Defendant removed the Plaintiff from the said building as of June 10, 2016, and KRW 350 million out of the deposit amount.