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(영문) 창원지방법원통영지원 2020.05.21 2019가단26020
임대차보증금
Text

1. The defendant shall pay 56,200,000 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

Reasons

1. Basic facts

A. On August 28, 2017, the Plaintiff leased the lease deposit amount at KRW 120 million (hereinafter referred to as the “instant real estate”) from the Defendant among the five-story-based sectionalized buildings located in C at macrosasi (hereinafter referred to as “instant real estate”) with the lease deposit amount at KRW 120 million, and the lease period from September 11, 2017 to September 10, 2018, respectively (hereinafter referred to as the “instant lease contract”), and received delivery of the instant real estate by paying KRW 70 million out of the lease deposit agreed to by the Defendant to the Defendant.

B. The Plaintiff and the Defendant concluded again that “The monthly rent of KRW 70 million shall be KRW 300,000 for three months from September 9, 2017 to December 20, 2017, and the Plaintiff shall pay KRW 50,000 to the Defendant on December 20, 2017, and if the Plaintiff did not pay the said money to the Defendant, it shall pay the Defendant the remainder of the lease deposit to the Defendant on December 20, 2017.” If the Plaintiff did not pay the said money to the Defendant, the Plaintiff agreed again that “the monthly rent is KRW 500,000,000 from September 20 to September 11, 2018.”

C. On September 10, 2018, the instant lease agreement expired. The Plaintiff and the Defendant resided in the instant real estate without monthly rent until the Defendant sought a new lessee, and the Defendant first returned to the Plaintiff KRW 10 million out of the lease deposit, and the Defendant returned KRW 10 million to the Plaintiff.

On the other hand, until January 2, 2018, the Plaintiff paid the Defendant a sum of KRW 1.2 million as monthly rent.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Assertion and determination

A. The plaintiff asserts that the defendant should receive the remainder of KRW 57.6 million after deducting the total amount of rent of KRW 2.4 million accrued from the security deposit for lease from the defendant.

In this regard, the defendant asserts that the monthly rent to be deducted is a total of 3.8 million won.

B. According to the facts acknowledged before the judgment 1, the lease deposit that the Defendant is liable to pay to the Plaintiff is worth KRW 60 million and must be deducted.

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