채무부존재확인
1. Execution based on the payment order issued by the Changwon District Court Branch 2018 tea 243 against the Plaintiff by the Defendant is KRW 3,341,660.
1. Basic facts
A. On January 10, 201, the Plaintiff leased the lease deposit amount of KRW 23,00,000,000, monthly rent of KRW 250,000, and the period of January 9, 201, to the Defendant as of January 10, 201.
B. The lease agreement between the Plaintiff and the Defendant (hereinafter “instant lease agreement”) was renewed several times, and the Defendant used the instant building even after January 9, 2013, and delivered the instant building to the Plaintiff upon termination of the instant lease agreement on January 12, 2018.
C. The Defendant filed an application with the Plaintiff for a payment order with the purport of the Defendant’s application on April 11, 2018, stating that “The Plaintiff did not refund KRW 23,00,000 to the Defendant the lease deposit under the instant lease agreement, but if the Defendant deducts the rent, etc. unpaid to the Plaintiff from the lease deposit, the Plaintiff will remaining at KRW 4,250,000.” The Plaintiff filed an application with the Defendant for a payment order stating that “The Plaintiff shall pay the above KRW 4,250,00 and the amount calculated by 15% per annum from the day following the day when the original copy of the payment order was served to the day when the payment order was fully repaid. The court decided to pay the same order as the Defendant’s purport of the application, and on April 18, 2018, the payment order (hereinafter “instant payment order”) was served to the Plaintiff and confirmed on May 3, 2018.
(Based on recognition), Gap evidence 1, Eul evidence 1, and the purport of the whole pleadings of Changwon District Court Msan Branch 2018j243. / [Grounds for recognition]
2. The amount to be deducted from the lease deposit paid by the Defendant to the Plaintiff under the instant lease agreement by the Plaintiff’s assertion. ① the Defendant’s unpaid rent of KRW 19,50,00, ② additional dues for the unpaid rent of KRW 1,950,00, ③ the electricity fee of KRW 38,340, ④ joint electricity fee of KRW 120,000, ⑤ sewage and garbage disposal cost of KRW 140,00, 600, 50,000, and 7, the cost of repairing toilets of toilets of KRW 35.5.