logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2018.04.19 2017가단16200
임대차보증금
Text

1. The Defendant shall pay to the Plaintiff KRW 23,514,644 and the interest rate of KRW 15% per annum from November 8, 2017 to the date of full payment.

Reasons

1. Basic facts

A. On August 1, 2007, the Plaintiff leased 3 floors (Around 120 square meters) from the Defendant among the above buildings B in Busan-gu, Busan-gu as the lease deposit amount of KRW 85 million, KRW 2.8 million per month, KRW 2.8 million per month, KRW 500 per month, management fee (excluding value-added tax, KRW 600,000 per month), and KRW 24 months from the date of the lease contract, and the lease contract has been explicitly renewed after the expiration of the lease term (hereinafter “instant lease”).

On August 4, 2016, the Plaintiff handed over the leased building to the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 15 evidence, purport of the whole pleadings

2. Assertion and determination

A. Since the Plaintiff delivered the leased building to the Defendant on August 4, 2016 upon the termination of the instant lease contract upon the termination of the duty to return the leased deposit, the Defendant, barring any special circumstance, is obligated to pay the Plaintiff the rent and management fee of KRW 454,60,00 (the rent and management fee of KRW 453,240 for four days from August 1, 2016 to April 4, 2016, which are due to the Plaintiff’s reimbursement of KRW 84,545,40, and damages for delay from August 5, 2016.

B. The Defendant’s assertion that the Defendant had the defense against the deduction of the unpaid management expenses (A) was the party to the defense against the deduction of the unpaid management expenses, the Defendant claimed that the Plaintiff paid 670,000 won for the total amount of 10,000 won per month over 67 times during the period from February 6, 200 to July 25, 2007, 18.6 million won per month over 62 times during the period from August 24, 2007 to August 12, 2016, and 18.6 million won per month during the total of 62 times during the period from May 24, 2013 to January 8, 2014, each amount of KRW 9,000,000 per month shall be deducted from the lease deposit.

As to this, the plaintiff paid all the management expenses under the initial agreement from August 2007 to September 2010, and the unpaid management expenses from October 2010 to the plaintiff.

arrow