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(영문) 부산지방법원 2015.05.12 2014가단18823
임대차보증금반환등
Text

1. The defendant is to receive from the plaintiff the second floor No. 57.48 square meters of the 2nd floor of the Busan B apartment-gu, Busan.

Reasons

1. Facts of recognition;

A. On February 28, 1996, the Plaintiff leased from the Defendant a deposit of KRW 10,000,000, monthly rent of KRW 400,000 (after rent), and the period of 24 months, the amount of which is set as 10,000,000,000, the second apartment house No. 57.48 square meters (hereinafter “instant store”).

B. The Plaintiff paid a deposit of KRW 10,000,000 to the Defendant at that time, and operated a restaurant with the trade name of “D” after receiving delivery of the instant store from the Defendant.

C. The Plaintiff and the Defendant decided to increase the rent to KRW 500,000 per month on August 28, 200, and 2012

7. 28. In other words, it decided to increase the rent to KRW 700,00 per month.

(2) The lease contract under the final increase in the rent agreement (hereafter referred to as "the instant lease contract" in this case).

The Plaintiff did not pay the rent after April 28, 2013. On November 28, 2013, the Plaintiff out of the instant store and informed the Defendant of the fact of leaving the store by the content certification. The key of the instant store was returned, and the Defendant received the key, and the instant lease agreement was terminated upon receipt of the said key.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 6, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserts that: (a) the Plaintiff is obligated to pay the telephone fee of KRW 39,860; (b) the telephone fee of KRW 303,873; (c) the management fee of KRW 54,920; and (d) the urban gas cost of KRW 1,076,650; and (c) the remainder of KRW 4,90,000 after deducting the overdue rent of KRW 3,624,697, and delay damages after November 29, 2013, from May 28, 2013, the Plaintiff delivered the instant store from May 28, 2013 to November 28, 2013.

B. The Defendant: (a) deducts the Defendant from the lease deposit the overdue rent of KRW 39,860, the telephone fee of KRW 303,873, the management fee of KRW 54,920, the urban gas fee of KRW 1,076,650, the overdue rent of KRW 1,076,650 from April 28, 2013 to April 27, 2014, and the amount of damages due to unlawful occupation.

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