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(영문) 부산지방법원 서부지원 2018.05.23 2017가단5134
전세보증금반환
Text

1. The Defendant: 5% per annum from July 11, 2017 to May 23, 2018, and May 24, 2018, to the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 18, 2012, the Plaintiff entered into a lease agreement with the Defendant on a deposit of KRW 120,000,000 and the lease period from May 18, 2012 to May 17, 2014 (hereinafter “instant lease agreement”).

B. On May 18, 2012, the Plaintiff paid the above lease deposit to the Defendant. On the same day, the Defendant completed the registration for the establishment of chonsegwon (Dasan District Court 19022) with respect to the instant officetel from May 18, 2012 to May 17, 2014, and the registration for the establishment of chonsegwon (Dasan District Court Hasan District Court 19022) with respect to the instant officetel.

C. On June 9, 2017, the Plaintiff sent to the Defendant a certificate of content that the instant lease agreement is terminated, and the Defendant received the said certificate at that time.

On July 10, 2017, the Plaintiff delivered the instant officetel to the Defendant, and the Defendant did not raise any objection thereto.

Until the time, unpaid management expenses are KRW 1,058,280, and the plaintiff arbitrarily removed 115,000, which was installed in the instant officetel.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence No. 4, the purport of whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff, after cancelling the instant lease agreement, delivered the instant officetel to the Plaintiff.

Therefore, the defendant is obligated to pay to the plaintiff 118,826,720 won (120,000 won - 1,058,280 won - 115,000 won - 1,058,280 won - 115,000 won per annum from July 11, 2017 to the day of complete payment of the above officetels, which is the day following the delivery of the above officetels, after deducting the management expenses in arrears from 120,000 won in the lease deposit of this case and the amount of 115,00 won in the harassment amount arbitrarily removed by the plaintiff.

B. (1) According to the above facts of recognition, the Plaintiff expressed its intent to terminate the instant lease contract to the Defendant.

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