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(영문) 부산지방법원 2018.11.29 2018가단307156
보증금반환
Text

1. The Defendant’s KRW 39,805,00 for the Plaintiff and KRW 5% per annum from February 14, 2018 to November 29, 2018.

Reasons

1. Facts of recognition;

A. A. The lease contract commenced from the year 2006 between the Plaintiff (Lessee) and the Defendant (Lessee) has been renewed again, and on January 1, 2018, the lease contract with the following terms as final around that time was terminated upon the Defendant’s notification of termination to the lowerman, and the Plaintiff delivered the object to the Defendant on February 13, 2018.

Location: 1. For the building deposit for 2nd floor: 60 million won, monthly rent: 4.5 million won (value-added tax);

B. The Defendant received the above object and leased it to another person.

[Ground of Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2

2. The party's assertion and judgment

A. The Plaintiff’s above lease agreement was terminated on January 31, 2018.

Accordingly, the defendant should return 43,200,000 won [=60,000,000 won - 16,800,000 won] deducted from the monthly rent of 1,950,000 won (part of October 2, 2017) (per 14,850,000 won) to the plaintiff (per 3,200,000 won - 16,800,000 won).

B. On February 13, 2018, the Plaintiff, such as the unpaid rent, etc. (1) demanded that the said object be occupied and used by the Plaintiff, and the Defendant refund KRW 40,805,00, which deducts the unpaid rent of KRW 18,945,00 from the deposit and the unpaid electric payment of KRW 250,00 from the deposit through the content certification, etc.

(2) Costs such as restitution (damage): 49,922,020 won in total; 4,840,000 won removal and wastes; 8,470,000 won in total; 1,362,020 won in lumber removal and outside pipes; 1,362,020 won in pipes removal and outside pipes; 1,362,020 won in water supply and drainage; 27,50,750 won in water supply and removal and reconstruction; 27,50,750 won in water supply and removal; 7,750 won in water supply and removal; 7,750 won in water supply and removal; 49,922,00 won in water supply and drainage; 49,02,00 won in water supply and removal;

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