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(영문) 서울중앙지방법원 2017.09.05 2016가합535789
임대차보증금
Text

1. The defendant (Counterclaim plaintiff) is simultaneously with the delivery of the buildings listed in the separate sheet from the plaintiff (Counterclaim defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On July 4, 2014, the Plaintiff leased a building listed in the separate sheet (hereinafter “instant C Apartment 105”) from the Defendant, and set the lease deposit amount of KRW 370,000,000, and the lease term from November 14, 2014 to November 9, 2016 (hereinafter “instant lease agreement”) (hereinafter “instant lease agreement”). Around that time, the Plaintiff began to reside with the delivery of the instant C Apartment 105, after paying all the lease deposit to the Defendant.

B. After that, on January 13, 2015, the Plaintiff imposed excessive heating costs on the Defendant even though the heating set forth in the instant C Apartment 105 was not properly conducted. Moreover, inasmuch as it is inevitable to purchase and use electricity lines, electricity plates, heating materials, and door circulations, etc. in order to prevent drilling, the Plaintiff requested the Defendant to take measures accordingly, but the Defendant refused all of the above Plaintiff’s request on February 5, 2015.

C. On May 11, 2016, the Plaintiff notified the Defendant that the instant lease agreement was terminated on the grounds that the Defendant did not perform its repair obligation under the instant lease agreement, and requested the Plaintiff to pay the lease deposit, the necessary or beneficial expenses incurred by the Plaintiff for the repair of C Apartment 105, and the amount equivalent to the heating expenses not paid during that period.

The Plaintiff has continuously resided in the instant C Apartment 105 until now, and after the Plaintiff moved in, all remaining management expenses, except for heating expenses and the late payment charges from March 2016 to February 2, 2017 (based on March 9, 2017; hereinafter “instant unpaid heating expenses”), are paid.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 6, Eul evidence 6 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings.

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