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(영문) 서울북부지방법원 2016.08.12 2015나8481
임차보증금반환
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. Facts of recognition;

A. On June 19, 2013, the Plaintiff entered into a lease agreement with the Defendant, setting the lease term as between KRW 5 million, monthly rent of KRW 400,000, and the lease term from June 23, 2013 to June 22, 2015, with respect to the entire right-hand side of the first floor of the building located in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City (hereinafter “instant leased object”).

B. On April 15, 2015, before the expiration date of the contract period, the Plaintiff issued an order of the instant leased object on or before April 15, 2015. The Plaintiff paid the Defendant the monthly rent to the Defendant up to May 2015, and the Plaintiff did not pay the monthly rent on June 2015. The unpaid and electricity charges of the Plaintiff are KRW 460,000.

【Ground of recognition】 The fact that there is no dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 2, and 6, the purport of the whole pleadings

2. Determination:

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 4.1 million remaining after deducting the unpaid rent of KRW 4 million and the unpaid public charges of KRW 4.6 million from June 2015, and to the Plaintiff the amount of KRW 4.1 billion from August 7, 2015, the day following the delivery date of a copy of the complaint of this case until August 12, 2016, which is a substantial amount of dispute over the existence and scope of the Defendant’s obligation to perform, the amount of money calculated at the rate of 5% per annum as prescribed by the Civil Act and 1.5% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day until the day of full payment.

B. As to the Defendant’s assertion, the Defendant: (a) paid the Defendant a monthly rent of KRW 3,60,00 in addition to the monthly rent from six months after the Plaintiff moved in; (b) the unpaid monthly rent of KRW 4,20,00; (c) the unpaid monthly rent of KRW 62,370; (b) the unpaid urban gas unpaid amount of KRW 406,160; (c) the unpaid amount of electric charges of KRW 36,00; (b) the unpaid amount of public charges of KRW 38,700; and (c) the unpaid amount of public charges of KRW 24,000,00 in total, including unpaid electric charges of KRW 567,230; and (d) the unpaid amount of public charges of KRW 420,00 due to the damage of water was paid.

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