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(영문) 수원지방법원여주지원 2015.05.14 2014가합2753
임대차보증금
Text

1. The defendant shall pay to the plaintiff 101,898,696 won and 20% per annum from December 16, 2014 to the day of full payment.

Reasons

1. Facts of recognition;

A. On November 2, 2013, the Plaintiff and the Defendant agreed to lease part of the “D” buildings operated by the Defendant in Ischeon-si as of November 2, 2013, with the term of KRW 86 million, monthly rent of KRW 3 million, and the term of November 2, 2015, the Plaintiff agreed to have the Defendant performed the business of selling and sealing the vehicles requested repair, and to receive the repair cost. Meanwhile, the said deposit was replaced by KRW 86 million, which the Plaintiff already paid or lent to the Defendant.

B. Accordingly, from around that time, the Plaintiff had engaged in the sales and painting of vehicles requested by the Defendant, etc. in the above building. The Plaintiff did not receive a total of KRW 37,940,916 as indicated below from the Defendant.

The sum of the 22,486,360 won (B), the unpaid repair amount of KRW 30,225,867 from November 2013 to July 2014, KRW 7,402,836 won (7,402,836 won for August 2014) 12,680,365 won for September 12, 2014, KRW 7,305,062 won for October 2, 2014, KRW 60,427,276 won for the repair amount of KRW 22,486,360 (B), the unpaid repair amount of KRW 37,940,916 (i)

C. On November 3, 2014, the Plaintiff agreed with the Defendant to terminate the said lease agreement.

【Facts without dispute over the grounds for recognition, entry of Gap's evidence 1 through 4, purport of the whole pleadings

2. The allegations and judgment of the parties

A. According to the fact that the Defendant’s obligation to return the deposit, etc. was acknowledged, barring any special circumstance, the Defendant is obligated to return the above deposit of KRW 86 million to the Plaintiff upon termination of the above lease agreement, and to pay KRW 37,940,916, which was not paid to the Plaintiff. However, on the other hand, the Plaintiff is a person who did not pay KRW 22,042,220, including the rent for October 2014 and the fourth premium, etc., which the Plaintiff should pay to the Defendant. Accordingly, the Defendant is obligated to pay the Plaintiff KRW 101,898,696 (123,940,916 - 22,042,220).

B. The defendant's defense is determined by the court below.

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