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(영문) 인천지방법원 2019.12.11 2019가단206574
임대차보증금
Text

1. The Defendant: (a) KRW 61,850,000 for the Plaintiff and 5% per annum from March 8, 2019 to December 11, 2019, and the following.

Reasons

On May 8, 2018, the Plaintiff entered into a lease contract between the Defendant and Seo-gu Incheon Metropolitan City C building D and E with respect to a deposit of KRW 80 million, and the period of two years, and paid the deposit to the Defendant who is the lessor, and the fact that the contract has been terminated is no dispute between the parties.

Therefore, the plaintiff can make a claim for the return of deposit against the defendant, except in extenuating circumstances.

Whether such special circumstances exist and the propriety of the defendant's defense is examined below.

The defendant's defense as to the defendant's defense shall be ① KRW 16,50,00 for three months from August 8, 2018 to November 7, 2018 (=550,000 won + KRW 550,00), ② unjust enrichment of KRW 6,740,00 equivalent to the monthly rent from November 8, 2018 to December 14, 2018 (=550,000 KRW KRW 1.2,324,00 for KRW 7,50,000), ③ the above ① value-added tax of KRW 100,00 for KRW 2,324,00 for KRW 86,0 for management expenses + KRW 26,424,00 for KRW 860 for KRW 86,00 for KRW 8686,00 for KRW 186) shall be deducted.

According to the statements in Gap evidence Nos. 1 through 4, and Gap evidence Nos. 1 through 14, it can be acknowledged that three-month overdue rent of KRW 16,500,00 and value-added tax (A-1 value-added tax separate agreement), management fee of KRW 860,00,00 for three-month overdue payment from August 8, 2018 to November 7, 2018 (the day immediately before the arrival of the defendant by Gap 3-1), and that there is a cause for the plaintiff's debt against the defendant, the above defense is reasonable within the scope of the amount.

The plaintiff is denied by asserting that there is no obligation to pay the rent and no default due to the lack of the delivery, but there is no counter-proof to reverse the above fact of recognition.

As a result of mutual aid, the amount of the remaining security deposit that the Plaintiff may claim is KRW 6,1850,00 ( = 8,000 - 550 x 3 x 1.1 - 86).

On the other hand, with respect to KRW 6,740,00, which was the part after November 8, 2018, there was no argument or proof by the defendant, even though the objective point of time of return of the keys was expressed several times to clarify it.

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