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(영문) 부산지방법원동부지원 2015.11.26 2015가단6984
임대차보증금반환청구
Text

1. The Defendant’s KRW 23,00,000 as well as the Plaintiff’s KRW 20% per annum from June 30, 2015 to September 30, 2015.

Reasons

1. The parties' assertion

A. The Plaintiff entered into a real estate lease agreement with the Defendant on around 2010, and paid KRW 23,000,000 as the lease deposit, and the said lease agreement was terminated on around 2014, but the Defendant did not pay KRW 23,00,000.

Therefore, the defendant is liable to pay the above lease deposit and damages for delay to the plaintiff.

B. Defendant 1) Even upon termination of the lease agreement between the Plaintiff and the Defendant on October 2015, the Plaintiff unilaterally left a director on August 3, 2014. Therefore, the Plaintiff is obligated to pay KRW 1,400,000 to the Defendant from August 3, 2014 to September 2015, and the said money should be deducted from the said lease deposit. (2) As the Plaintiff destroyed the boiler owned by the Defendant during the lease of the Defendant’s real estate, the Plaintiff is obligated to pay KRW 500,000 to the Defendant for the costs of repairing boiler, and the said money should be deducted from the said lease deposit.

2. Determination

A. On April 4, 2010, the Plaintiff and the Defendant, and the Busan Shipping Daegu C Ground Co., Ltd. (hereinafter “instant leased real estate”) are 50.82 square meters of the second floor among the leased real estate (hereinafter “instant leased real estate”).

(2) The instant lease agreement was renewed on the ground that the Plaintiff and the Defendant did not notify of the refusal of renewal by the expiration date of the instant lease agreement, and the instant lease agreement was renewed on the following grounds: (a) the lease agreement was concluded with the purport of setting the lease deposit KRW 23,00,000 per month; (b) the lease term from April 4, 2010 to April 3, 2012; and (c) the Defendant paid KRW 23,00,000 to the Defendant.

3) On April 2014, the Plaintiff requested the Defendant to return the lease deposit by notifying the termination of the instant lease agreement, but the Defendant did not comply therewith. On July 11, 2014, the Plaintiff filed an application for the order of lease registration with the Busan District Court Branch Branch of the Dong Branch of the Busan District Court for the order of lease registration on October 21, 2014, and completed the order of lease registration on the instant leased real estate on October 21, 2014.

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