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(영문) 인천지방법원 2020.10.13 2019나63235
임대차보증금
Text

Upon the request of the court for a change in exchange, the defendant shall pay KRW 3,354,612 to the plaintiff and KRW 3,000,000 among them.

Reasons

1. Facts of recognition;

A. On April 21, 2017, the Plaintiff entered into a lease agreement with the Defendant, setting the term of lease from April 22, 2017 to April 22, 2019, the lease deposit amount of KRW 3,00,000, and KRW 250,000 each month of rent (hereinafter “instant lease agreement”) with respect to the instant housing as well as the housing lease registration completed by the Incheon District Court No. 67879, Feb. 28, 2017.

B. The registration of the foregoing housing lease was cancelled on September 12, 2017 by the Incheon District Court No. 346428 on September 19, 2017.

C. The Defendant did not pay the said lease deposit and the rent from October 22, 2017, and the instant lease agreement terminated on April 22, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings

2. The assertion and judgment

A. According to the determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff a total of KRW 4,500,000 (=250,000 x 18 months) accrued from October 22, 2017 to April 22, 2019 when the instant lease contract was terminated. As to the Plaintiff’s explicit claim, the Defendant sought payment of KRW 3,000,000 among the above KRW 3,50,000 (1250,000) and KRW 250,000 (20,000,000) from October 23, 2017 to KRW 20,000, KRW 250,000 for the unpaid rent from April 22, 2019 (the unpaid rent from November 23, 2017) to KRW 20,000, KRW 250,000 from March 21, 2017

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