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(영문) 수원지방법원여주지원 2016.08.10 2016가단51240
임대차보증금
Text

1. The Defendants: (a) from April 1, 2016 to May 23, 2016, each of the Plaintiff KRW 50,612,590; and (b) from April 1, 2016 to Defendant B.

Reasons

1. Basic facts

A. On August 21, 2009, the Plaintiff entered into a lease agreement with the Defendants on the terms of the lease deposit of KRW 60 million, rent of KRW 11 million (excluding value-added tax), and the lease term of KRW 100,000,000 (excluding value-added tax), and from October 1, 2009 to September 30, 201 (hereinafter “instant lease agreement”). At that time, the Plaintiff paid the Defendants the lease deposit of KRW 60,000 to the Defendants.

After that, the instant lease agreement remains implicitly renewed and continued.

B. On July 14, 2015, the Plaintiff notified the Defendants of the termination of the instant lease agreement, and the said notification reached the Defendants around that time.

C. On March 18, 2016, the Plaintiff agreed that the Defendants and the instant rental deposit and restitution shall be paid KRW 50,612,590, after deducting the attempted rent and management fee 2,587,410, and the removal cost 6,80,000 from the rental deposit, from the rental deposit, until March 31, 2016.

(hereinafter “instant agreement”) D.

The Plaintiff delivered the above E-building Nos. 405 to 408 to the Defendants.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. The Plaintiff asserts that the Plaintiff filed a claim against the Defendants for the refund of KRW 50,612,590 in the balance of the rental deposit pursuant to the termination of the instant lease agreement and the instant agreement, and the Defendants asserted to the effect that the instant agreement ought to be additionally deducted from the rental deposit, as it does not reflect the total of KRW 5,714,592 in the amount of the delay of rent from September to August 2014, 2015, the damages for delay due to the delay of rent, the damages for delay from January 2014 and the damages for delay due to the delay of the management fee from January 2014 to August 2015, 2015.

As to the Defendants’ assertion, the Plaintiff again agrees to exempt the Defendants from the above late payment charges, etc. under the agreement of this case.

3. Determination

(a) Domins, knife, f.

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