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(영문) 창원지방법원진주지원 2017.09.06 2016가단31868
보증금반환
Text

1. As to KRW 26,010,00 and KRW 6,010,00 among the Plaintiff, the Defendant shall have 5% per annum from July 12, 2015 to September 6, 2017.

Reasons

1. The facts below the basis of the facts do not conflict between the Parties.

The deceased D(hereinafter “the deceased”) is the mother of E, who was a co-defendant with the Defendant, and around 196, the previous building F located in the Jinju-si owned by the Defendant was removed and the construction of the G building was completed in around 1998. The Plaintiff around that time, performed the management work of the above G building by being delegated by the Deceased, and leased and operated the parking lot in the building from the Deceased.

B. The Deceased died on July 30, 2015, and his heir is the Defendant and the above E.

2. The Plaintiff’s assertion asserts that the Defendant and E, the inheritor of the Deceased, should pay to the Plaintiff KRW 105,365,000, which was returned from, or paid on behalf of, the Deceased, as indicated below, as KRW 52,682,50.

63,145,00 won deposit for the restoration to original state of H 2,00,000 won, such as the cost of repairing the parking lot of KRW 40,000,000,000, in lieu of the expenses of the deceased’s hospital, total of KRW 220,000,000 in lieu of the expenses of the deceased.

A. The contents of the above parking lot lease agreement between the plaintiff and the deceased claiming the return of deposit 40 million won are paid 40 million won to the above deceased with the deposit for lease on a deposit basis, and the lessor shall bear the expenses for replacing the machinery equipment and parts in the parking lot. Monthly maintenance management expenses (such as electricity and fire fighting) shall be borne by the lessee. The lease term was renewed by the agreement of October 2, 2007 (from August 15, 2007) with no agreement for the first time.

Meanwhile, the Plaintiff paid 40 million won to the Deceased as the deposit for the above lease agreement.

The plaintiff notified the termination of the above lease by the delivery of the duplicate of the complaint, and the heir of the deceased must pay the plaintiff KRW 40 million to the plaintiff.

B. The plaintiff claiming the payment of the parking lot repair cost of KRW 63,145,000, according to the delegation of the deceased, shall be made by the plaintiff, at the end of January 8, 2001.

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