(영문) 서울중앙지방법원 2016.04.15 2015나44785

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(영문) 서울중앙지방법원 2016.04.15 2015나44785

임대차보증금

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following order of payment shall be revoked, and

Reasons

1. Basic facts

A. On September 29, 2008, the Plaintiff entered into a lease agreement between the Defendant and the Defendant for the lease of KRW 20 million, monthly rent of KRW 400,000,000, and from October 3, 2008 to October 2, 2010 (hereinafter “instant lease agreement”) with respect to the lease deposit of KRW 401 (hereinafter “instant apartment”). Around that time, the Plaintiff paid KRW 20 million to the Defendant the lease deposit.

B. The Plaintiff resided in the instant apartment in accordance with the instant lease agreement and delivered the instant apartment to the Defendant around December 11, 2010.

C. At the time that the Plaintiff transferred the instant apartment to the Defendant, the sum of the monthly rent in arrears was KRW 6,470,000.

[Ground for recognition] Unsatisfy

2. Determination on the cause of the claim

A. The plaintiff asserts that the defendant should pay the remaining money after deducting the overdue rent of KRW 6,470,000 from the lease deposit of this case at KRW 20,000.

In this regard, the defendant asserts that, in addition to deducting the overdue rent from the lease deposit of this case, the defendant should additionally deduct the above charges paid by the defendant on the wind that the plaintiff did not pay electricity and urban gas charges, management fees, etc.

B. In full view of the purport of the entire pleadings in the statement (including the paper number) Nos. 4 and 5 of the judgment, the Plaintiff may be found to have failed to pay the electricity fee of 120,750 won, the urban gas fee of 259,800 won, the management fee of 170,300 won until he/she was living in the instant apartment and was transferred to the Plaintiff.

In addition to the above facts and the above facts, the defendant shall refund 12,979,150 won remaining after deducting the overdue rent of 6,477,00 won, electricity fee of 120,750 won, urban gas fee of 259,800 won, and management fee of 170,300 won from the lease deposit amount of 20,000 won to be refunded to the plaintiff.

Therefore, the defendant shall pay to the plaintiff 12,979,150 won and this.

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