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Reasons
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(영문) 부산지방법원 2018.10.10 2018나1732
전세보증금반환
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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. On October 19, 2012, the Plaintiff leased the lease deposit amount of KRW 3,000,000,000, monthly rent of KRW 200,000, and from October 19, 2012 to October 19, 2014, the Plaintiff paid KRW 3,00,000,00 to the Defendant on the same day.

Upon termination by the Defendant’s declaration of termination, the Plaintiff delivered the instant store to the Defendant around December 30, 2015.

As of December 30, 2015, management expenses for the store of this case were in arrears of KRW 832,340 as of December 30, 2015. The fact that there was no dispute, Gap evidence 1, Eul evidence 3, 4, and 5, and the purport of the whole pleadings.

2. Determination

A. According to the facts of the above recognition as to the cause of the claim, the defendant is obligated to refund the above lease deposit amount of KRW 3,000,000 to the plaintiff. The plaintiff was paid KRW 1,907,660 among them, and the fact that the plaintiff was paid KRW 200,000 by December 20, 2015. Therefore, the defendant is obligated to pay the lease deposit amount of KRW 892,340 (= KRW 3,000,000 - KRW 1,907,660 - KRW 200,000) to the plaintiff, barring special circumstances.

The Defendant asserts that the unpaid management expenses and the rent should be deducted from the foregoing lease deposit from December 21, 2015 to December 30, 2015. The fact that the above lease contract was terminated on December 30, 2015, and the fact that the unpaid management expenses as of the end of the above lease contract were 832,340 won and the unpaid management expenses were 892,340 won to be returned by the Plaintiff from December 21, 2015 to December 30, 2015. The Plaintiff’s assertion that the unpaid management expenses under the above lease contract were 60,000 won x 60,000 won x 610,000 won x 6164,5164,516,00 won x 30,000 won, and the Plaintiff’s assertion that the above unpaid management expenses and the unpaid management expenses were 832,403,000 won.

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