(영문) 대전지방법원서산지원 2015.06.30 2015가단1873

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(영문) 대전지방법원서산지원 2015.06.30 2015가단1873

임대차보증금

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1. The defendant shall deliver real estate stated in the attached list from the plaintiff to the plaintiff at the same time as 22,360,000 won.

Reasons

1. Facts of recognition;

A. On August 10, 201, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant with respect to the real estate listed in the attached list owned by the Defendant (hereinafter “instant real estate”) with the content that the lease deposit is KRW 25,000,000, management expenses, monthly 60,000, and the period from the delivery date to August 16, 2013, and paid the Defendant the lease deposit amount of KRW 25,00,000 to the Defendant.

B. On June 16, 2014, December 12, 2014, and January 12, 2015, the Plaintiff notified the Defendant of the termination of the instant lease by content-certified mail.

[Ground of recognition] Unsatisfy, entry in Gap evidence 1 through 4 (including each number for a case with a serial number), the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the instant lease contract was lawfully terminated. Thus, the Defendant shall return KRW 25,000,000 to the Plaintiff, barring special circumstances.

B. The defendant's defense 1) The defense of simultaneous performance is asserted to the effect that the defendant has a duty to return the lease deposit at the same time as the delivery of the real estate of this case from the plaintiff. Since the plaintiff's duty to deliver the real estate of this case and the duty to return the lease deposit of this case are in the simultaneous performance relationship, this part of the defense is justified.

The fact that the Plaintiff agreed to pay management expenses of KRW 60,00 per month to the Defendant is as seen earlier, and the fact that the Plaintiff did not fully pay management expenses to the Defendant from August 16, 201 to April 16, 2015 does not conflict between the parties, and thus, the total amount of KRW 2,640,000 ( = 60,000 x 44 months) shall be deducted from the lease deposit to be refunded to the Defendant.

This part of the defendant's defense is justified.

3. The defendant's defense of recovery costs is the plaintiff.

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