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(영문) 대전지방법원천안지원 2014.11.21 2014가단5308

임차보증금반환

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The deceased C (hereinafter “the deceased”) is an owner of F.397.7 square meters in a substantial area of Cheongju-si. The Defendants are the deceased’s children, and Defendant A and B are the owners of three-story buildings above the ground.

B. On June 22, 2012, the Plaintiff concluded a lease agreement (hereinafter “instant lease agreement”) with respect to the deceased, Defendant A, and B (hereinafter referred to as “the deceased, etc.”) and the first and second floors of the said building (hereinafter “instant building”).

- Deposits: 500,000,000 - Rent: 18,00,000 per month (in addition to surtax, and 20 days after each month): Period: Article 2: From June 28, 2012 to June 28, 2017, the special terms and conditions - Article 2: the payment delay of monthly rent (in excess of 10 days after each month), shall be paid by applying the overdue rate of 20% per annum.

C. The Plaintiff, from March 2013, was in arrears due to the business depression, and the Deceased et al. filed a claim suit against the Plaintiff, such as a building name map (Cheongju District Court 2013dan157794). On February 13, 2014, the Plaintiff handed over the instant building to the Deceased et al.

The Deceased, etc. returned 240,000,000 won to the Plaintiff as the balance of deposit.

E. On April 10, 2014, the Defendants jointly inherited the property following the death of the Deceased, which was pending in the instant lawsuit.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, evidence 2-1, 2-2, the purport of the whole pleadings

2. Since the rent in arrears of the Plaintiff asserted by the Plaintiff is KRW 226,380,00 in total from March 2013 to February 13, 2014, the deceased et al. shall return to the Plaintiff the deposit amount of KRW 273,620,00 ( = 500,000,000 - 226,380,000) remaining after deducting the said amount, the Plaintiff et al. shall be obligated to additionally return KRW 33,620,000,000, which is the difference.

The Defendants asserted that the damages for delay under Article 2 of the Special Agreement on the Lease of this case should be deducted from the security deposit. However, the above special agreement on the overdue interest rate is unfair.