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(영문) 인천지방법원 2016.10.06 2016나9001

임대차보증금반환

Text

1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. As to the cause of claim

A. On December 22, 2008, the Plaintiff leased the instant factory 493.5 square meters (hereinafter “instant factory”) from the Defendants and D (hereinafter “Defendant”) on December 22, 2008 (hereinafter “instant lease”). The instant lease has been renewed, and it has increased the deposit and rent. From September 10, 2012, the instant lease was KRW 25,000,000 (including additional tax) as deposit money and rent KRW 3,20,000 (including rent) from September 10, 2012. 2) The instant lease terminated on October 10, 2014. The Plaintiff occupied the instant factory by December 31, 2014.

3) The Plaintiff did not pay the amount equivalent to the rent to the Defendant side from August 10, 2014 to December 31, 2014. [The fact that there is no dispute over the grounds for recognition, Gap evidence No. 1, Eul evidence No. 1, and Eul evidence No. 1, and the purport of the whole pleadings.

B. The Defendants are jointly and severally liable to pay to the Plaintiff the 11,299,125 won and damages for delay after deducting KRW 13,700,875 [the monthly rent 2,909,090 x (422/31 x (42/31), hereinafter referred to as “amount below”) not paid by the Plaintiff from the deposit 25,000,000 won to the Plaintiff, unless there are special circumstances.

2. As to the defendants' assertion

A. Mutual aid 1) The amount to be deducted from the claimed deposit is not KRW 13,700,875, not ① an additional tax on July 2014; ② an additional tax on rent 290,910, and ② an additional tax on rent 3,960,000 (including additional tax) from August 10, 2014 to December 31, 2014; thus, the unpaid interest rate of KRW 22,610,322 [3,960,000] calculated at the rate of KRW 3,960,000 per annum from August 10, 2014 to December 31, 2014; and thus, the unpaid interest rate of KRW 3,50,000 per annum from August 10, 2014 to December 31, 2014; and thus, the unpaid interest rate of KRW 3,010 to KRW 25,201,500 per annum.

This is the sum, which is.