(영문) 수원지방법원 2017.10.18 2017나2974 | 리걸엔진

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(영문) 수원지방법원 2017.10.18 2017나2974

전세보증금반환 등

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1. The judgment of the court of first instance is modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) was 73,445,165 won and 73,445 won.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. A. Around August 27, 2013, the Plaintiff agreed to lease the instant building owned by the Defendant from the Defendant; the lease deposit is KRW 75,00,000; the lease term is from October 2, 2013 to October 1, 2015; and the Defendant agreed to provide the design and waterproof treatment of the instant building until the date of the Plaintiff’s director.

(hereinafter “instant contract”). (b)

The Defendant delivered the instant building to the Plaintiff around October 2, 2013.

C. The Plaintiff resided in the instant building and moved to another place on October 2, 2015, and returned the key of the said building to the Defendant around April 3, 2017, thereby delivering the said building to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 20, 21, 22, Eul evidence Nos. 1 and 2 (including paper numbers), the purport of the whole pleadings

2. Determination on the main claim

A. According to the above facts, since the contract of this case was terminated upon the expiration of the term of validity, the Defendant is obligated to pay the Plaintiff the lease deposit of this case KRW 75,00,000 and the delay damages therefrom, barring any special circumstance. 2) Since the judgment on the Defendant’s claim for the deduction of the lease deposit guarantees all the lessee’s obligations arising in relation to the lease after the termination of the lease contract until the delivery of the object, the lessor is obligated to refund only the deducted balance.

(A) Comprehensively taking account of the overall purport of the pleadings in each statement in the Evidence Nos. 11 through 14 (including the branch numbers), the Plaintiff was found to have failed to pay the electricity charges of KRW 6,700, KRW 575,200, and city gas charges of KRW 47,160 from May 2016 while occupying the instant building. The Plaintiff’s total amount of unpaid public charges of KRW 629,060 (= KRW 6,700, KRW 575,200, KRW 47,160) should be deducted from the lease deposit.

(b) The portion recognized as the cost of restitution.

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