(영문) 의정부지방법원 2017.06.01 2016가단36263

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Reasons

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자간(%)

(영문) 의정부지방법원 2017.06.01 2016가단36263

기타(금전)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The following facts do not conflict between the parties, or may combine each entry in Gap evidence 1, Eul evidence 1, Eul evidence 2, and Eul evidence 2, the whole purport of the pleadings, and no other counter-proof.

1) On June 24, 2009, the Plaintiff entered into a lease agreement with the Defendant on the following terms: (a) the lease deposit amount of KRW 5,000,000 for the lease deposit with respect to the portion of 66.1mm2 inboard (hereinafter “instant building”) such as a house for the 2nd floor, a ward, a small room, and a toilet, among the house for the assessment of coagus in Nam-si, Namyang-si and D land; (b) the lease agreement was concluded between July 30, 2009 to July 29, 201 (hereinafter “instant lease agreement”).

B) After several renewals of the instant lease agreement, the Plaintiff and the Defendant agreed to pay KRW 400,000 per month for the rent of KRW 400,000 per month and KRW 450,00 per month for the rent of March 2015. 2) The Plaintiff and the Defendant agreed to pay the Defendant KRW 40,000 per month from the date the instant lease agreement was concluded to November 201, with the water rate of KRW 40,000 per month from the date the Plaintiff entered into the instant lease agreement to April 201, 201, KRW 35,00 per month from December 201 to April 2014, from May 2014 to March 3, 2015, and KRW 30,000 per month from April 4, 2015.

3) On April 6, 2016, the Defendant: (a) sent the instant lease agreement to the Plaintiff on the ground that the Plaintiff was in arrears on at least two occasions; (b) the content-certified mail was sent to the Plaintiff on April 20, 2016; and (c) the said content-certified mail reached the Plaintiff around that time. (d) The Defendant handed over the leased object on July 20, 2016, delivered the instant building to the Plaintiff.

B. The Plaintiff is a person who has failed to pay the rent at least twice as stipulated in the instant lease agreement.

2. The plaintiff's assertion

A. The Plaintiff filed a claim for refund of deposit with the Defendant to return the instant building upon the termination of the instant lease agreement.

유사 판례

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