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(영문) 수원지방법원 2016.01.26 2015가단111262

임대차보증금반환

Text

1. The Defendant’s KRW 30,949,368 as well as the Plaintiff’s annual rate from April 4, 2015 to January 26, 2016.

Reasons

Basic Facts

On April 6, 201, the Plaintiff entered into a lease agreement with the Defendant with respect to each land and building owned by the Defendant, including KRW 100 million, KRW 5.5 million, and the lease period, from May 15, 201 to May 14, 2013. ② On April 2, 2013, the lease agreement was concluded with respect to the land and building owned by the Defendant, KRW 180,00,00,000, monthly rent, and KRW 4,000,000,000, and KRW 55,000,000 (hereinafter “instant leased real estate”) for the said land and building, and the lease agreement was extended from May 13, 2013 to May 14, 2015. < Amended by Act No. 13318, Feb. 15, 2015>

After the plaintiff delivered the leased real estate of this case to the defendant on April 1, 2015, the plaintiff requested the defendant to pay the lease deposit, and the same month.

3. The Defendant received KRW 64,292,880 from the Defendant.

[Grounds for recognition] In light of the facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1, each statement Nos. 7, 8, 17 through 21, evidence No. 9-1, and Eul evidence No. 2, each video No. 7, 8, 17 through 21, and each video No. 9-2, it is recognized that the plaintiff taken most of the plaintiff's goods out of the leased real estate of this case on February 15, 2015, and thereafter the plaintiff restored the leased real estate to its original state until February 2015, and that part of the plaintiff's goods were kept in a temporary building installed on the land leased by the plaintiff until March 24, 2015.

According to the above facts of recognition, it is recognized that the Plaintiff delivered the instant real estate to the Defendant at the end of February 2015 or at the latest around March 24, 2015.

Therefore, barring special circumstances, the Defendant is obligated to refund the remaining lease deposit to the Plaintiff after subtracting the amount of KRW 14,292,880,000,000 paid from KRW 100,000 for one month of the rent unpaid from the lease deposit and the Plaintiff received from the Plaintiff.

The defendant, such as the rent for the judgment on the claim for deduction by the defendant, etc. (1) the actual delivery of the leased real estate of this case to the plaintiff on January 201.