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(영문) 대전지방법원 2016.07.01 2015가단5252

상가임차보증금반환

Text

1. The Defendant’s KRW 28,114,246 to the Plaintiffs and 6% per annum from March 18, 2016 to July 1, 2016, respectively.

Reasons

1. Comprehensively taking account of the purport of the entire arguments in the evidence Nos. 1 through 3 of the judgment on the cause of the claim, the Defendant, who conducts real estate rental management business, entered into a contract with the Plaintiffs on November 2, 2012 under which the deposit for lease deposit was set at KRW 50 million for the lease of one floor among the Daejeon Seo-gu C ground buildings (hereinafter “instant building”), the Plaintiffs and the Defendant agreed to terminate the lease contract at around October 2014, and the Plaintiffs may recognize the fact that the Defendant delivered the first floor among the instant building to the Defendant on December 3, 2014, and the Plaintiffs received the return of KRW 5 million from the Defendant’s deposit for lease.

According to the above facts of recognition, the defendant is obligated to pay the plaintiffs the lease deposit of KRW 45 million and the damages for delay incurred from January 22, 2015, which is the day following the delivery of a copy of the complaint of this case, as claimed by the plaintiffs, except in extenuating circumstances.

2. The defendant's defense against the defendant was installed to make multiple multiple drainage pipes flown at one outlet at the same time in order to operate a coffee shop in the building of this case. The defendant raised a defense that the damage liability of the building of this case should be deducted from the lease deposit, since the plaintiff's damage liability should be deducted from the damage to the building of this case, since the cryp flaf forest, which came into the cryp flafe, which came into the cryp in the course of making coffee, has been cut down in the drainage pipe, and the damage caused by the flow of water was caused by the cryp and the water flow.

The following circumstances, which are acknowledged as a comprehensive consideration of the overall purport of arguments as a result of the appraiser D's appraisal, that is, ① an appraiser's occurrence of water leakage in the underground floor was first caused by water leakage in the toilet floor by blocking pipes from the primary point of view.