beta
(영문) 전주지방법원군산지원 2019.12.10 2019가단53363

채무(전세보증금)부존재확인

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On September 19, 2017, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 50 million, monthly rent of KRW 4.5 million, and the lease term from October 15, 2017 to October 14, 2018 (hereinafter “instant lease agreement”).

B. The Defendant paid KRW 50 million to the Plaintiff, and possessed the said building upon delivery around October 15, 2017.

Since then, the instant lease agreement terminated on October 14, 2018, and the Defendant delivered the said building to the Plaintiff.

C. On November 9, 2018, the Plaintiff returned to the Defendant KRW 30 million out of the lease deposit, and KRW 17.6 million on November 16, 2018, respectively.

The Defendant asserted against the Plaintiff that “the instant lease contract was terminated at the expiration of the term, and the terms and conditions of the instant lease contract were 1,440,00 won in total for 2-month overdue rent and 12-month value added tax (i.e., 9,00,000 won in arrears for 2-month) (i.e., 1,760,000 won in arrears) but did not pay the remainder of 3,840,000 won in total without any ground, and the Defendant did not pay the rent of 8,40,000 won in total for the use of the electricity on the first floor by the third floor lessee.” The Defendant filed an application with the Jeonju District Court for a payment order for the aforementioned lease deposit and the electricity fee of 4,680,000 won in total with the Defendant on January 21, 2019 for the payment order of 200,000 won and damages for delay (hereinafter referred to as the “instant payment order”).

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 (including, if any, separate evidence) and the purport of whole pleadings

2. The lawsuit of this case.