(영문) 춘천지방법원 2016.09.30 2016나770 | 리걸엔진

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(영문) 춘천지방법원 2016.09.30 2016나770

임차보증금반환

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1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On September 3, 2011, the Plaintiff entered into a lease agreement with the Defendant for the lease deposit of KRW 4 million, monthly rent of KRW 400,000,000, and two years for the lease deposit for the above C and D ground farming house (hereinafter “the instant housing”) on September 4, 201. On September 4, 201, the following day, the Plaintiff entered into a lease agreement with the Defendant for the lease deposit of KRW 2 million, monthly rent of KRW 150,00,000, and two years for the contract period of the instant housing (hereinafter “the instant lease agreement including the instant warehouse and the instant housing”). Around that time, the Plaintiff paid the Defendant the lease deposit of KRW 6 million to the Defendant.

B. The instant warehouse is one of the two warehouses owned by the Defendant, but one of the two warehouses was the two electric meters, and the Plaintiff paid KRW 90,280 to the two warehouses.

C. From September 7, 2011 to October 7, 2014, the Plaintiff resided in the instant housing and was directors.

[Ground for Recognition: Facts without dispute, Evidence No. 1-2, Evidence No. 2, Evidence No. 2 and 3, purport of the whole pleadings]

2. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to pay the lease deposit of KRW 6 million and the electricity fee of the Defendant for the use of the Plaintiff paid by the Plaintiff on behalf of the Plaintiff (=90,280 x 1/2) as the lease contract of this case is terminated, barring any special circumstances.

3. Judgment on the defendant's assertion

A. The Defendant asserts that the unpaid rent is KRW 9.36 million. The Plaintiff asserts that the unpaid rent is KRW 9.4 million. The Plaintiff claimed that the unpaid rent is KRW 4.4 million ( = 550,000 won x 8 months). The Defendant stated that the unpaid rent is KRW 4.4 million (8 months) as a result of calculating the unpaid rent in the first instance court (the first instance court’s reply on January 11, 2016) and that the remainder was paid. The Plaintiff stated that the unpaid rent is KRW 4.4 million (8 months) of the evidence No. 9-1 to 4 (the details of bank transaction).

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