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(영문) 인천지방법원부천지원 2020.04.24 2019가단1666
임차보증금반환
Text

1. The Defendant’s KRW 11,68,892 as well as the Plaintiff’s KRW 5% per annum from November 1, 2018 to April 24, 2020.

Reasons

1. Facts of recognition;

A. On August 13, 2016, the Plaintiff concluded a lease agreement with the Defendant for the lease deposit amounting to KRW 30,000,000, monthly rent of KRW 3,000 (excluding value-added tax), and for the lease agreement period from September 10, 2016 to October 9, 2018, with respect to the building E-dong (hereinafter “instant building”).

(hereinafter “instant contract”). (b)

The Plaintiff paid 30,000,000 won to the Defendant for lease deposit, and constructed a construction to increase the floor so that it can be easily lowered in accordance with its original purpose, and possessed and used the instant building.

C. On June 15, 2018, the Defendant requested the Plaintiff to restore the instant building to its original state after the expiration of the instant contract. On July 24, 2018, the Defendant transferred KRW 3,000,000 out of the lease deposit to the Plaintiff.

The Plaintiff did not pay the monthly rent to the Defendant from August 10, 2018, and ordered the Defendant to order the instant building on October 31, 2018 after performing part of the restoration work.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4 (if there are provisional numbers, including each number; hereinafter the same shall apply), Eul evidence Nos. 1 through 4, 8, 14, 15, and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion did not pay 17,579,360 won remaining after deducting the unpaid monthly rent from the deposit for lease from the plaintiff, even after receiving an order from the plaintiff to restore the building of this case (=30,000,000 won for lease deposit - 300,660 won for electricity charge - 271,980 won for water charge - 48,000 won for cleaning of septic tanks - 8,800 won for unpaid monthly rent for 20 days for February 20).

B. The monthly rent that the Plaintiff did not pay from the Defendant’s assertion is KRW 6,600,00 for two months, KRW 22,341,930 for 22 days, and KRW 5,748,538 for restoration to the original state, and KRW 5,980,000 for the Plaintiff’s unjust enrichment is deducted from the lease deposit.

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