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(영문) 서울중앙지방법원 2016.07.12 2015가단5084527
임대차보증금반환 등
Text

1. The Defendant shall pay to the Plaintiff KRW 533,561 and KRW 5% per annum from March 17, 2016 to July 12, 2016, and shall pay to the Plaintiff the full payment from the day on which the Plaintiff is fully paid.

Reasons

1. The Plaintiff, on April 30, 2014, leased a building of 10,000 won for lease deposit, 50,000 won for rent (on May 1, 2014), or on June 30, 2016, from the Defendant on April 30, 2014, the Plaintiff leased the building of 10,000 won for lease deposit, 50,000 won for rent (on June 1, 201), and paid the deposit to the Defendant on the same day.

On June 30, 2014, the defendant agreed that the interior work period should be set free of charge until June 30, 2014.

On May 1, 2014, the Plaintiff: (a) transferred the above building to “D” and engaged in cosmetic sales and skin management business; and (b) fung has been generated by water leakage on the rooftop of the building and the wall surface.

The Plaintiff requested the Defendant to perform waterproof construction works, but the construction was not performed properly due to the failure to reach an agreement with the Defendant on the repair cost, and the instant lease agreement was terminated on January 31, 2015.

On March 16, 2016, the Defendant remitted to the Plaintiff the remainder of KRW 9.5 million after subtracting the Plaintiff’s unpaid rent from KRW 10 million.5 million.

[Reasons for Recognition] Facts without dispute, Gap 1-5 evidence, Eul 7 evidence, Eul 6 evidence, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff asserts that the portion of the claim for the refund of the lease deposit should be paid KRW 10 million.

On March 16, 2016, the Defendant repaid the remainder of KRW 9.5 million after subtracting the Plaintiff’s unpaid rent from KRW 500,000,000,000. The Defendant paid the remainder of the deposit to KRW 9.5 million. From February 1, 2015 on the date following the date of termination of the instant contract to March 16, 2016, 53,561 won (=9,500,000 x 0.05% x 05% x 410 days (from February 1, 2015 to March 16, 2016) to KRW 5,569,439 (=9,50,000,00-3,5361) under the Civil Act) to the remainder of the deposit, the Defendant paid the deposit to the Plaintiff first.

Therefore, the Defendant is obligated to pay the Plaintiff the remainder of the lease deposit amount of KRW 533,561 ( KRW 9,500,000-8,966,439).

(b) Rotterdam;

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