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(영문) 광주지방법원 2015.06.02 2015가단1562
임대차보증금반환
Text

1. Defendant (Appointed Party) and Appointed B, and C jointly and severally with the Plaintiff KRW 49,304,80,00 and the Plaintiff’s aforementioned amount on October 1, 2014.

Reasons

1. Basic facts

A. On July 15, 2008, the Plaintiff, a corporation engaged in a construction business, leased deposit money of KRW 50,000,000, monthly rent of KRW 1,100,000, and management expenses of KRW 360,000,00 from the Defendant, etc., who is engaged in a leasing business, for the purpose of using it for business, the Defendant, etc., who was engaged in the leasing business, determined that deposit money was paid to the Defendant, etc. at around that time, and the Defendant, etc. transferred the instant building to the Plaintiff.

B. Upon the termination of the instant lease agreement around June 2014, the Plaintiff delivered the instant building to the Defendant, etc. on June 6, 2014, but the Defendant, etc. did not return the deposit to the Plaintiff.

Accordingly, the Plaintiff urged the Defendant, etc. to return the deposit by September 23, 2014, through the content-certified mail on September 23, 2014, but the Defendant, etc. did not comply therewith.

C. Meanwhile, in the process of using the instant building, the Plaintiff installed the partitions for office use inside the building, and the above partitions did not have been removed until the closure of the instant pleadings.

[Judgment of the court below] Facts without dispute, Gap's evidence of subparagraphs 1 through 3, and the purport of the whole pleadings

2. According to the facts of the above recognition, the defendant et al. is jointly and severally liable to pay 50,000,000 won and damages for delay, as the joint lessor is obligated to return the deposit to the plaintiff upon the termination of the instant lease agreement, barring any special circumstance.

In regard to this, the defendant, from May 26, 2014 to June 6, 2014, the sum of the rent and management fee of 695,200 won was overdue, and the electricity fee of 71,220 won used by the plaintiff was paid by the defendant, etc., so the above arrears and the electricity fee of 71,220 won paid by the defendant, etc. shall be deducted from the deposit that the defendant, etc. should return to the plaintiff. Furthermore, the plaintiff is the building of this case.

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