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(영문) 서울남부지방법원 2016.10.07 2016가단5805
임대차보증금반환
Text

1. The Defendant’s KRW 24,490,720 as well as 5% per annum from June 22, 2016 to October 7, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 15, 2013, the Plaintiff concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendant setting the lease deposit amount of KRW 30 million, monthly rent of KRW 280,000 (payment on the last day of each month), monthly management fee of KRW 10,00, and the lease period from November 24, 2013 to November 23, 2015, among the buildings located in Gangseo-gu Seoul Metropolitan Government, which are owned by the Defendant and owned by the Defendant.

B. On November 24, 2015, the Plaintiff applied for the registration of housing lease as Seoul Southern District Court 2015Kadan174, and completed the registration of housing lease on December 10, 2015 upon receipt of the order of lease registration from the above court on the receipt of the order of lease registration from the Seoul Southern District Court on January 11, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Gap evidence 7, whole purport of pleading

2. The parties' assertion

A. On September 16, 2015, prior to the expiration of the instant lease agreement, the Plaintiff asserted by the Plaintiff, expressed his/her intent to terminate the lease agreement by content-certified mail to the Defendant on November 6, 2015, and on November 9, 2015, the text message also expressed his/her intent to terminate the lease agreement.

However, on December 10, 2015, the Defendant refused to return the deposit without having contact with the Plaintiff, and registered the housing lease on December 10, 2015, and was a director of the instant building on January 10, 2016.

Therefore, the Defendant is obligated to pay to the Plaintiff the rent of KRW 4,573,30, electricity charges of KRW 40,40,000, which the Plaintiff delayed from December 2, 2013 to January 10, 2016, KRW 24,886,270, which deducts the Plaintiff’s 30,000 lease deposit from KRW 30,000,000, and KRW 40,40,000, urban gas rates of KRW 206,010, the water rate of KRW 130,660, management fees of KRW 163,30, and damages for delay from January 11, 2016.

B. From August 24, 2014 to June 21, 2016, the Defendant’s assertion that the Plaintiff is liable to pay to the Defendant, KRW 6,131,99, management expenses, KRW 218,99, and KRW 5% per annum on delay rent, KRW 293,841, KRW 476,326, and KRW 155.

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