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(영문) 수원지방법원안양지원 2019.10.23 2019가단100637
채무부존재확인
Text

1. The Plaintiff’s obligation to return the lease deposit upon the lease agreement concluded on December 28, 2017 to the Defendant is KRW 38,348,88.

Reasons

1. Basic facts

A. On November 11, 201, the Defendant: (a) leased the 9th floor E (hereinafter “instant real estate”) of the building in Jungcheon-si (hereinafter “instant real estate”); (b) concluded a lease agreement again by setting the lease deposit amount of KRW 370,00,000 on December 28, 2017; (c) KRW 18,000,000 on the rent month (excluding value-added tax); and (d) the period from January 1, 2018 to December 31, 2018.

(hereinafter “instant lease agreement”). B.

On September 2018, the Plaintiff notified the Defendant that he would terminate the instant lease agreement, and the Defendant delivered the instant building to the Plaintiff on November 30, 2018, and the instant lease agreement was terminated around that time.

C. The Plaintiff did not return the deposit amount of KRW 370,000,000 to the Defendant under the instant lease agreement.

On November 30, 2018, the termination date of the instant lease agreement, the overdue rent of KRW 171,00,000, the Defendant’s overdue charge of KRW 48,617,007, the Defendant’s overdue charge of KRW 89,546,800, the Plaintiff’s overdue charge of the Plaintiff’s subrogation of the Defendant, and the management fee of the Plaintiff’s subrogation of the Defendant was KRW 36,935,990 (i.e., the electricity charge of KRW 30,00,000, the Defendant’s overdue charge of KRW 2,912,290, the gas charge of KRW 4,023,70).

E. The Defendant paid 14,448,685 won of the long-term repair appropriations for the instant real estate on behalf of the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 6 through 10, Eul evidence No. 3, the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the amount to be returned by the Plaintiff to the Defendant under the instant lease agreement shall be KRW 370,00,000 and KRW 14,448,685 of lease deposit and the long-term repair appropriations of KRW 346,09,797 in total, including overdue rent of KRW 171,00,000 and KRW 14,448,685 of long-term repair appropriations (i.e., delayed rent of KRW 48,617,07, management expenses in arrears, and KRW 48,617,07,07, and management expenses in arrears, and KRW 89,546,80,00 in arrears, and KRW 38,348,888 of lease deposit = KRW 370,00,000.

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