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(영문) 광주지방법원 2015.05.01 2014나10348
임대차보증금반환 등
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked and above.

Reasons

1. Basic facts

A. On May 9, 2012, the Plaintiff paid KRW 20,000,000 as deposit money, KRW 1,300,000 per month of rent (payment on May 10, 201), and KRW 20,00,00 as deposit money, from May 10, 2012 to May 9, 2014 (hereinafter “the lease of this case”), and paid KRW 20,00,000 as deposit money.

B. The Plaintiff did not pay KRW 5,200,000 for four-month rent to the Defendant during the above term of lease and KRW 250,000 for water fee.

C. After April 20, 2014, the Plaintiff did not operate the instant building. On August 21, 2014, the Plaintiff issued the key to the instant building to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 6, Eul evidence 3 (including provisional number), the purport of the whole pleadings

2. Determination as to the cause of action

A. 1) According to the above recognition of the claim for the return of the lease deposit, the above recognition of the claim for the return of the lease deposit was terminated after the expiration of the lease contract of this case, the defendant asserts that since the lease contract of this case was terminated upon the expiration of the period, the amount of 5,200,000 won (i,30,000 won x 4 months) and the amount of 14,550,000 won remaining after deducting the amount of 250,000 won from the amount of the lease deposit of 20,000 won (i.e., 30,000 won) and the amount of 14,50,000 won, the defendant was obligated to return the remainder after deducting the amount of 25,00 won from the amount of the lease deposit of this case from the plaintiff on August 21, 2014. However, the defendant's assertion that the above lease contract of this case had not been terminated after the expiration of the lease contract of this case is without merit.

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