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(영문) 대전지방법원 2015.09.22 2015나623
임대보증금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff, which orders payment below, shall be revoked.

Reasons

1. On December 12, 2012, the Plaintiff entered into a lease agreement with the Defendant on the lease deposit of KRW 80,000,000, monthly rent of KRW 7,000 (excluding taxes and public charges), and the lease agreement on the lease of KRW 7,00,00 (hereinafter “instant lease agreement”) from January 20, 2013 to December 12, 2013. The Plaintiff paid the Defendant the remainder of KRW 72,00,000,000 on January 20, 2013, and the remainder of KRW 3,303,540,000, and the Plaintiff’s unpaid taxes and public charges of KRW 1,540,00,000 on the lease deposit of KRW 70,540,00,000 on the lease deposit of KRW 70,540,000,000 on the remainder of the lease agreement.

On the other hand, the Plaintiff is a person who is in arrears of KRW 22,160,00 (=the rent of KRW 21,00,000 for three months).

According to the above facts, the lease of this case terminated on January 20, 2014.

Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of 54,536,460 won (=80,000,000 - 22,160,000 won in arrears and 3,303,540 won in arrears, which the Plaintiff owned at KRW 80,000,000, and the remainder of 54,536,460 won (=80,000 - 22,160,000 - 3,303,540) and damages for delay.

2. Judgment on the defendant's assertion

A. The Defendant’s assertion that the instant game store was operated at the instant game store, and the Defendant was unable to lease the instant store to the game room for one year, and the amount of damages corresponding to the rent has to be deducted from the lease deposit.

Furthermore, the amount of damages equivalent to the repair cost due to the damage of the Plaintiff’s facility should be deducted from the lease deposit.

B. (1) Determination is made on the lease deposit in the relevant legal lease agreement.

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