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(영문) 의정부지방법원고양지원 2016.01.14 2014가단32031
임대차보증금
Text

1. The Defendants’ respective Plaintiff KRW 49,904,980, and Defendant B and C with respect thereto from September 25, 2014; and Defendant D with respect to each Plaintiff on September 25, 2015.

Reasons

1. The Plaintiff leased from the Defendants the first floor (hereinafter “the instant building”) among the E-2 housing in Pakistan-si, Pakistan-si, and the Plaintiff was destroyed by fire that occurred due to the Plaintiff’s negligence on or around June 29, 2014, and the Plaintiff removed the instant building from the said building. As such, there is no dispute between the parties on the termination of the said lease agreement, the Defendants are liable to refund each Plaintiff the lease deposit amount of KRW 50 million and the delay damages therefrom.

2. Judgment on the defendants' assertion

A. The Defendants, due to the above fire, received the fire insurance money of KRW 38,211,458. However, the Defendants asserted that the construction cost of building remodeling is KRW 78,424,50, value-added tax of KRW 4,000, value-added tax of KRW 789,890,000, value-added tax of landscape trees, and KRW 789,000, value-added tax of KRW 789,00,00, electricity unpaid by the Plaintiff, and KRW 29,50,50, water fee of KRW 72,720, and KRW 91,205,720, and the above expenditure amount is more than the sum of the lease deposit and the fire insurance amount of KRW 88,21,458, whichever is deducted by the Defendants.

B. Among the parts asserted by the Defendants, the Plaintiff also acknowledges that the amount of the electricity charge of KRW 29,500 and the water charge of KRW 65,520 imposed during the period from June to August should be borne by the Plaintiff. Therefore, the total sum of KRW 95,020 (i.e., the electricity charge of KRW 29,500) should be deducted from the above lease deposit, and the Defendants’ assertion within this scope is with merit.

The Defendants asserted that the water rate of KRW 9,720 shall also be deducted from the water rate of KRW 9,720 imposed in September. However, in full view of the purport of the entire pleadings in the statement in Section 20 of the evidence in Section B, the water rate of the aforementioned September shall be deducted from the date after June 29, 2014, when the Plaintiff moved out due to fire.

8. This part cannot be seen as the part used by the Plaintiff, which was imposed on the portion used for a period until 16.

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