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(영문) 수원지방법원평택지원 2015.07.10 2014가단9507

임대차보증금

Text

1. The Defendant’s KRW 2,070,450 as well as the annual rate of KRW 5% from May 31, 2014 to July 10, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. On August 1, 2008, the Plaintiff entered into a lease agreement with the Defendant on a deposit of KRW 20 million, monthly rent of KRW 250 million, and July 31, 2009 with respect to the building 485.9 square meters of Pyeongtaek-si Factory Building (hereinafter “instant building”).

B. As to the instant building, on July 31, 2010, the Plaintiff concluded a lease contract with the Defendant by setting the deposit amount of KRW 20 million, KRW 2.7 million per month, and KRW 12 months from the date of ordering the instant building to be located. On June 20, 2011, the Plaintiff concluded a lease contract with the Defendant by setting the deposit amount of KRW 30 million, KRW 28 million per month, and KRW 12 months from the date of ordering the instant building to be located.

(2) The Plaintiff paid a security deposit to the Defendant under the instant lease agreement without distinguishing the aforementioned lease agreement.

C. The instant lease agreement had expired on July 30, 2012, and the Plaintiff delivered the instant building to the Defendant around November 10, 2012.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 4, the 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 deposit KRW 30 million and delay damages for the lease deposit of this case, unless there are special circumstances.

(3) The Plaintiff asserted that the Plaintiff agreed to receive the full amount of the lease deposit of this case from the Defendant at the time of delivery of the building after the termination of the instant lease agreement, but there is no evidence to acknowledge this, and thus, the Plaintiff’s assertion and determination on March 3, 200

A. On the gist of the assertion, the Defendant: (a) out of the lease deposit of this case, the amount of the unpaid rent and the amount of unjust enrichment equivalent to the unpaid rent from October 2012 until the date of the lease deposit of this case; (b) KRW 23,218,050; and (c) unpaid electric charges of KRW 1,336,50; and