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(영문) 전주지방법원남원지원 2015.12.02 2015가단10425
임대차보증금, 부당이득금 반환등
Text

1. Defendant B shall pay to the Plaintiff KRW 464,626 and the interest rate of KRW 15% per annum from December 3, 2015 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On September 20, 2007, the Plaintiff leased D land and buildings thereon (hereinafter “instant real estate”) from Defendant B as the lease term from September 20, 2007 to September 19, 2012, the lease deposit amount of KRW 10,000,000, and the rent of KRW 800,000,000 (pre-payment on September 20, 207).

(hereinafter “instant lease agreement.” Around that time, the Plaintiff paid KRW 10,000,000 to Defendant B the lease deposit, and operated the instant real estate as a fireworks.

B. Around September 2007, the Plaintiff paid KRW 30,000,000 for the premium to Defendant C (Defendant B’s children) who operated a fireworks store in the instant real estate.

C. On September 2012, the Plaintiff and Defendant B agreed to increase the rent to KRW 1,300,000 per month from September 20, 2012, which is the day following the expiration date of the instant lease contract (the lease term is not set). Accordingly, the Plaintiff paid KRW 1,30,000 per month until March 20, 2015.

At present, the instant lease contract was terminated.

(e) Where rent or deposit has become unreasonable due to taxes, public charges, other increase or decrease in burdens or fluctuations in economic circumstances, the parties concerned may request an increase or decrease in the future rent or deposit.

However, in the case of an increase, it shall not exceed the ratio under the standards prescribed by Presidential Decree.

The request for increase of rent or deposit under Article 11 (1) of the Enforcement Decree of the Commercial Building Lease Protection Act (based on the request for increase of rent, etc.) shall not exceed the amount equivalent to 9/100 of rent or deposit at the time of request.

【Ground for recognition】 The fact that there has been no dispute, each entry of Gap Nos. 1 and 2 (including virtual numbers), and the purport of the whole pleadings

2. Claim against the defendant B

A. The recognition of the claim for the return of the first lease deposit as to the cause of the claim.

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