logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 부산지방법원동부지원 2017.05.25 2016가단213000
임차보증금 반환청구
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 19,087,100 to the Plaintiff (Counterclaim Defendant) and its related amount from May 14, 2015 to May 25, 2017.

Reasons

1. Basic facts

A. On February 27, 2014, the Plaintiff leased the first floor of the building No. 92-334 of the manufacturing schedule No. 92-34 in Suwon-gu, Busan (hereinafter “instant building”) from the Defendant from the Defendant to April 2014, the lease deposit amount of KRW 30 million and the monthly rent of KRW 1.7 million (one million under the contract) shall be paid from April 201, and the lease term was determined from February 28, 2014 to February 28, 2016.

B. The Plaintiff is operating a house in the instant building.

Since it is difficult to conduct business, it started to seek a new lessee after the closure of office on August 2014.

C. On May 13, 2015, the Defendant concluded a lease contract with a new lessee D introduced by the Plaintiff regarding the instant building.

[Reasons for Recognition] Uncontentious Facts, Gap 1, 2 evidence, Eul 1 evidence, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) The Plaintiff and the Defendant agreed on a lease agreement on the instant building on April 30, 2015. Therefore, the Defendant ought to refund the lease agreement between the Plaintiff and the Defendant on May 31, 2015, the remainder of KRW 19.8 million, deducting the Plaintiff’s total monthly rent from the amount of monthly rent, up to April 2015, which was agreed upon from November 2014 to April 2015.

B. 1) Claim of the parties to a counterclaim 1) Although there was no agreement on the substitute payment, such as water supply and sewerage charges, etc., the plaintiff unilaterally paid and deducted from the monthly rent to be paid to the defendant. The amount of 1,949,080 won unilaterally deducted by the plaintiff, 1,559,480 won, which was 1,949,080 won;

5. The Plaintiff shall pay KRW 345,00, 44,600 to the Defendant. (B) Although the Plaintiff paid the Defendant the premium of KRW 30 million, E, a lessee, to the Defendant.

arrow