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(영문) 대구지방법원 2015.08.20 2015나301708
임대차보증금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

1. Purport of the claim.

Reasons

1. Determination on the cause of the claim

A. On July 9, 2013, the Plaintiff: (a) purchased a lease deposit of KRW 1,00,000,000 from the Defendant, Daegu-gu, Daegu-gu C building 102 (hereinafter “instant real estate”); and (b) paid KRW 1,00,000,000,000 to the Defendant; (c) upon entering into the instant lease agreement, the Plaintiff and the Defendant notified the Defendant of the fact that the said lease was terminated after the date of notification; (d) on October 3, 2013, the Plaintiff notified the Defendant that “The Plaintiff would return the lease deposit of KRW 1,00,000,000,000,000,000,0000,000,000,0000,000,000,0000,000,000,000,000,000,000).

B. According to the above facts, the above lease agreement was terminated on November 3, 2013, following the Plaintiff’s notification on October 3, 2013.

Therefore, the defendant is obligated to pay to the plaintiff one million won of the above lease deposit and damages for delay.

2. Judgment on the defendant's assertion

A. As to this, the defendant asserts that the plaintiff voluntarily removed from the real estate of this case, but the plaintiff's notification to the defendant and the fact that the plaintiff removed from the real estate of this case is as seen earlier, and there is no counter-proof to reverse the above fact of recognition. Thus, the defendant's above assertion is rejected.

B. The defendant also asserts that the unpaid rent, electricity, and gas fees should be deducted from the above lease deposit.

First of all, there is no dispute between the parties that the Plaintiff paid the unpaid rent from September 9, 2013, but there is no proof by the Plaintiff as to the payment of rent after the above period. Accordingly, the payment of rent from September 10, 2013 to September 9, 2013.

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