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(영문) 부산지방법원 2018.04.12 2017나52917
보증금반환
Text

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. Basic facts

A. On June 27, 2013, the Plaintiff: (a) leased, from the Defendant, the three-story pent buildings (hereinafter “instant real estate”) on the ground C in Chungcheongnam-do (hereinafter “instant real estate”), the lease deposit of KRW 100 million; (b) monthly rent of KRW 3,33,333,33; and (c) from July 15, 2013 to July 14, 2018, the lease term of the instant lease was fixed and leased (hereinafter “instant lease agreement”); (c) the maintenance and repair of all auxiliary facilities (laundry, drying machine, bathing, water tank, landscape facilities, groundwater facilities, and all electronic products) to the Defendant at the Plaintiff’s expense as the lessee; (d) the Plaintiff is responsible for and manages for the lease period; and (e) the Defendant is returned to the Defendant in good condition at the expiration of the lease term.

(hereinafter referred to as the “instant special agreement”). B

Upon termination of the instant lease agreement on January 17, 2016, the Plaintiff and the Defendant agreed on the instant lease agreement. The Defendant, at the expense of reinstatement from KRW 100 million to KRW 13,00,000,000 for the restoration of wells, KRW 2,00,000,000 for the repair cost for the breakdown of the boiler in the management room, KRW 6,000,000,000 for the overdue rent on December 2, 2015 and January 11, 2016 to January 16, 2016 (i.e., the agreement on KRW 2,135,00,000 for the electricity tax, KRW 2,50,000 for the water use fee, KRW 13,00,000 for the purification tank (i.e., KRW 2,2., KRW 2.5,00,00 for the remainder).

On January 18, 2016, the Defendant paid KRW 78650,00 to the Plaintiff, and the Plaintiff delivered the instant real estate to the Defendant around that time.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2 (including branch numbers), the purport of the whole pleadings

2. The plaintiff shall enter only the account number at the bottom of the instant agreement without stating the plaintiff's assertion and deliver his signature to the defendant.

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