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(영문) 부산지방법원 동부지원 2018.04.24 2017가단210978
보증금반환
Text

1. The Defendants jointly share KRW 80,649,630 to the Plaintiff and 5% per annum from July 22, 2017 to April 24, 2018.

Reasons

1. Basic facts

A. The Defendants shared 1/2 shares of the heading and F of the instant building in Busan Shipping Daegu D (hereinafter “instant building”).

B. On November 23, 201, the Defendants leased the instant building to G with a deposit of KRW 400,00,000, monthly rent of KRW 12,000,000, and the period from November 23, 201 to November 22, 201, and received a deposit for lease from G.

C. On November 23, 2015, with the consent of the Defendants, the Plaintiff acquired the status of lessee and the right to return the lease deposit from G as to the instant building, and operated the hospital in the instant building.

On March 4, 2016, the Plaintiff and the Defendants concluded a contract to lease the instant building with the deposit of KRW 330,000,000, and the lease period of the said building up to November 22, 2016 (hereinafter “instant lease contract”), and agreed that the Plaintiff will restore the instant building to its original state at the time of sale upon termination of the lease contract.

E. On November 26, 2016, the Plaintiff moved to another place a furniture or a sick room located in the instant building, etc., and completed the removal of the structure installed in the instant building on December 30, 2016.

F. After that, the Defendants demanded the Plaintiff to restore the floor plane, ceiling, partitions, fire-fighting systems, etc. of the instant building to its original state at the time of sale, and the Plaintiff completed restoration as requested by the Defendants during June 2017.

G. Meanwhile, the Defendants paid to the Plaintiff a sum of KRW 209,000,000 as indicated in the following table with the return of the lease deposit.

On December 15, 16.12.12. 15,00,000 won paid on the payment date 16.35,000,000 won on December 29, 16.17.1.6, 17.1.30,000,000 won on January 30, 17.1.30,000 won on February 50, 17.28, 17.2.50,000,00 won on the payment date 209,000 won on the aggregate of 4,00,000 won on March 9, 17.3.9, 17.1, 2,4,6,8,9 (including a provisional number, hereinafter the same shall apply), each entry, the purport of all pleadings, and the purport of all pleadings.

2. Demanding the refund of lease deposit;

A. The Plaintiff’s ground of the claim is the Defendants.

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