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(영문) 대전지방법원 2014.12.11 2014가단4641
임대보증금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On December 12, 2012, the Plaintiff entered into a lease agreement with the Defendant on the lease deposit of KRW 80,000,000, monthly rent of KRW 7,000 (excluding taxes and public charges), and the lease agreement on the lease of KRW 7,00,00 (hereinafter “instant lease agreement”) from January 20, 2013 to December 12, 2013. The Plaintiff paid the Defendant the remainder of KRW 72,00,000,000, and the remainder of KRW 3,303,540,000 on January 20, 2013, and the Plaintiff’s unpaid taxes and public charges of KRW 1,540,00 on the lease deposit of KRW 70,540,00 on the lease deposit of KRW 7,00,000 on the lease deposit of KRW 70,540,000 on the remainder of the lease agreement between the parties.

On the other hand, the Plaintiff is a person who is in arrears of KRW 15,160,00 (=2-month rent of KRW 14,000,000).

According to the above facts, the lease of this case terminated on January 20, 2014.

Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 61,536,460 (=80,000 - 15,160,000 - 160,000 - 3,303,540 won for overdue rent of KRW 80,000 for lease deposit and the unpaid tax and public charges, and the remainder of KRW 61,536,460 (i.e., KRW 80,000 - 15,160,000 - 3,303,540) and damages for delay.

2. Judgment on the defendant's assertion

A. Since the difference is a one-month difference in addition to the overdue rent in which the plaintiff is the plaintiff's assertion, this part should also be deducted from the lease deposit.

In addition, the Plaintiff’s loss should also be deducted from the lease deposit, as the Defendant was unable to lease the instant store for one year after receiving the disposition of revocation of registration while operating the game room at the instant store.

Furthermore, the plaintiff.

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