logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2020.01.17 2019나105755
보증금반환
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The judgment of the court of first instance is subject to Paragraph (1).

Reasons

1. Basic facts

A. On August 14, 2015, the Defendant leased the deposit deposit of KRW 10 million, monthly rent of KRW 300,000,000 from September 11, 2015 to September 10, 2017 to the Plaintiff. The Plaintiff paid the deposit of KRW 10,000,000 to the Plaintiff.

B. When the Plaintiff and the Defendant renewed the above lease agreement on September 2017, the Plaintiff and the Defendant agreed to deduct the rental deposit from the deposit deposit of KRW 5 million, the monthly rent of KRW 3.5 million (the monthly rent of KRW 4.2 million per year), and the lease period of KRW 4.2 million until September 10, 2018. The Plaintiff agreed to deduct KRW 6.3 million in arrears up to that time from the deposit of KRW 10 million.

Therefore, on September 8, 2017, the Plaintiff paid an additional KRW 5.5 million to the Defendant (the monthly rent of KRW 4.2 million for a short rental deposit of KRW 1.3 million). However, on September 8, 2017, the Plaintiff paid only KRW 4.5 million to the Defendant (the monthly rent of KRW 3.3 million for a rental deposit of KRW 4.2 million).

C. On August 30, 2018, before the expiration of the lease term, the Plaintiff issued an order to the Defendant for the above apartment.

The amount of long-term repair appropriations paid by the Plaintiff with respect to the above apartment is 449,980 won in total, and the interest for arrears from October 8, 2017 to September 10, 2018 by the Defendant is 45,479 won in arrears.

[Reasons for Recognition] Unsatisfy, Entry of Evidence A1 to 6, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of claim, the Defendant is obligated to pay the Plaintiff KRW 4,404,501 (rental deposit KRW 449,980,00 in long-term repair appropriations KRW 4,45,479 - interest on rental deposit), and the damages for delay calculated at the rate of 15% per annum from November 10, 2018 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case, to the day of full payment, barring special circumstances.

3. Judgment on the defendant's assertion

A. The defendant asserts that there is no money to be paid to the plaintiff, since the sum of KRW 4,680,014 should be deducted from the rental deposit.

The plaintiff is an apartment.

arrow