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(영문) 대전지방법원 2015.02.13 2014나9548

임대보증금반환

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a person who operates a publicly notified official in the name of “D” in the 12th floor of Seo-gu Daejeon Ctel.

B. On February 12, 2013, the Plaintiff leased the said KRW 105 (hereinafter “instant room”) from the Defendant as the lease deposit amount of KRW 1,000,000, monthly rent of KRW 350,000, and the lease term of KRW 1,000 from February 12, 2013 to August 11, 2013. At that time, the Plaintiff leased the said deposit amount of KRW 1,00,000 to the Defendant.

C. At the time of the lease of the instant room, the Plaintiff signed and delivered a written contract and a written pledge to the Defendant, and the facility and the equipment confirmation column of the said contract and written pledge stated “Is the bath room, TV, TV set-out, air conditioners, air conditioners, air conditioners, coolingers, bed, bed, knicks, book boxes, chairss, walkers, fire extinguisherss, and emergency wires, etc.” and stated “Issssssssssssssssss’ responsibility when they are damaged or lost.”

On the other hand, the Plaintiff delivered the instant room to the Defendant on August 11, 2013, and the Defendant paid the remainder of KRW 775,190,00, excluding KRW 224,810, out of the above lease deposit 1,00,000, to the Plaintiff.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 3, Eul's 8, the purport of the whole pleadings and arguments

2. According to the above recognition of the cause of the claim, the above lease contract was terminated upon the expiration of the period. Thus, barring any special circumstance, the defendant is obligated to pay to the plaintiff 24,810 won, excluding the plaintiff 775,190 won out of the above lease deposit, and delay damages therefor.

3. As to the defendant's defense, the defendant lost 1 TV, which is the equipment of the room of this case, and therefore, 224,810 won, which is the market price, shall be deducted from the lease deposit and the defense shall be made.

The following circumstances, i.e., the defendant remodelling the above public notice board, taking into account the following circumstances, which can be seen by comprehensively taking into account the aforementioned evidence, the entries and images of evidence Nos. 1, 4, 5, 6, and 8, and the overall purport of the pleading.