(영문) 수원지방법원 2016.10.20 2016나3499 | 리걸엔진

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(영문) 수원지방법원 2016.10.20 2016나3499

임대차보증금

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Determination on the cause of the claim

A. In full view of the facts in dispute, Gap evidence Nos. 1 and 2, and the purport of the entire pleadings, the plaintiff and the defendant entered into an agreement to extend the term of the commercial building lease contract of this case to the plaintiff on April 3, 2012 (the agreement that the plaintiff and the defendant extended the term of the commercial building of this case to May 9, 2015 (the agreement that extended the term of the commercial building of this case to approximately 1 month after the extension of one year), the period of the commercial building lease of this case to the plaintiff on May 9, 2015 (the agreement that extended the term of the commercial building of this case to 30,000 won, monthly rent of 280,000, the lease contract of this case to the plaintiff on April 10, 2012 to April 9, 2014, and the fact that the defendant returned the term of the commercial building lease of this case to the plaintiff on May 9, 2015.

B. According to the above facts, the defendant is obligated to pay the remaining lease deposit amount of KRW 7,668,195 and delay damages to the plaintiff, except in extenuating circumstances.

2. Judgment on the defendant's defense

A. The Defendant asserts that ① the amount of value-added tax omitted for September 2012, ② the rent for May 10, 2015 (from April 10, 2015 to May 9, 2015) and value-added tax for KRW 3,080,00, ③ the management expenses for May 2015 (from April 1, 2015 to April 30, 2015), KRW 964,60, and ④ the rent for June 2015 (from October 1, 2015 to June 9, 2015), and the value-added tax for KRW 3,080,00, and KRW 6,00 for June 20, 2015 (from May 201 to May 9, 2015), and KRW 3,080,000 for management expenses to be deducted from May 15, 2015 to June 36, 2015).

The defendant shall deduct the total amount of 8,269,560 won, and there is no dispute between the parties to the effect that the long-term repair appropriations of 601,365 won shall be deducted from the total amount of deduction.

Since the above amount should be removed from the above deducted amount, the lease deposit shall be totaled at KRW 50 million.

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