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(영문) 서울북부지방법원 2018.10.17 2018나1573
임대차보증채무금반환
Text

1. The judgment of the first instance court, including the Plaintiff’s claim extended by this court, is modified as follows.

Reasons

Facts of recognition

On April 25, 2006, the Plaintiff entered into a lease agreement with the Defendant to lease 24 months from April 25, 2006, the lease deposit amount of KRW 20,000,000, monthly rent of KRW 1,500,000, and operated D’ from around that time until March 2011.

On April 11, 2008, the Plaintiff concluded a lease agreement with the Defendant to lease the first floor of the instant building at KRW 12 months from April 25, 2008, KRW 20,000 (hereinafter “instant lease deposit”) and monthly rent of KRW 1,100,00 (hereinafter “instant lease agreement”).

Since then, the instant lease agreement was implicitly renewed, and terminated around March 201, and around that time, the Plaintiff delivered the Defendant the first floor of the instant building.

[Ground of recognition] The Plaintiff and the Defendant calculated the amount of lease guarantee that the Defendant return to the Plaintiff on March 16, 201 after cancelling the instant lease agreement.

The Defendant shall pay KRW 4,823,167, which is the balance obtained by deducting KRW 14,370,000 in arrears from the lease deposit 20,000 and public imposts 806,833,00 in arrears, and damages for delay from March 17, 2011, which is the day following the settlement date.

The building of this case has four floors from the first to the third above ground, and other tenants of the defendant used the first and second above ground.

The Defendant did not pay the water rate even though it received 10,000 won in the name of the water rate from the lessees of the first and second floor above the ground, and the Plaintiff paid all the water rate of the first and second floor above the ground of the instant building.

In the end, the defendant's total sum of KRW 600,000 per annum from the lessees of the first and second floors above the ground.

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