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(영문) 의정부지방법원 2018.05.17 2017나213075
임대차보증금 등
Text

1. Of the judgment of the court of first instance, the part against the Defendants in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. The Defendants are co-owners of each 1/2 shares of the 1/2 shares of the Goyang-gu E-Operational Building (hereinafter “instant commercial building”).

B. On December 28, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendants on the condition that the instant commercial building succeeds to the remainder of the contract term of D, which is the former lessee, and that the lease agreement will be leased until January 19, 2017 (hereinafter “instant lease agreement”).

C. On December 29, 2015, the Plaintiff entered into a contract for acquisition and transfer of rights between D and D, the former lessee of the instant commercial building, with the purport that the Plaintiff would pay D KRW 35,000,000 as the premium, and take over all the facilities of the instant commercial building.

Since then, the Plaintiff carried on the coffee store business with the trade name "F Kapet" in the instant commercial building, and delivered the said commercial building to the Defendants around January 20, 2017.

E. However, the Defendants did not refund the lease deposit to the Plaintiff, and the Plaintiff filed the instant lawsuit against the Defendants on January 23, 2017.

F. On September 1, 2017, the Defendants returned the remainder of KRW 18,713,790, which deducted the Plaintiff’s unpaid electricity rates of KRW 1,286,210 from the Plaintiff’s deposit KRW 20,000,00, which was pending in the instant lawsuit.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1, 3 and 8 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the facts of recognition as to the claim for the return of the lease deposit, the instant lease agreement was terminated on January 19, 2017, and thus, the Defendants jointly cooperate with the Plaintiff on the basis of the amount of KRW 18,713,790, the following day from January 21, 2017 until September 1, 2017, which is the day after the date when the Plaintiff delivered the instant commercial building to the Plaintiff, and the amount of KRW 574,231 calculated by the annual rate of 5% as stipulated in the Civil Act from January 21, 2017 until September 1, 2017, = 18.

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