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(영문) 제주지방법원 2021.02.17 2019나425
임대차보증금 반환
Text

1. Defendant (Counterclaim Plaintiff) who exceeds the following amount among the part regarding the principal lawsuit of the judgment of the first instance.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Facts of recognition

On November 26, 2016, the Defendant leased (hereinafter referred to as “D”) No. 1,500,000 won in the Jeju-si Building (hereinafter referred to as “instant building”) to the Plaintiff on November 26, 2016, KRW 380,00 in the monthly rent (including management expenses, including KRW 50,00 in the annual rent, unless there is any separate entry; hereinafter referred to as “management expenses”), from November 26, 2016 to November 25, 2017, the said lease period was extended one time after the expiration of the said contract. In light of the fact that the Plaintiff moved out on May 18, 2018 under subparagraph D, the said lease period is deemed to have been extended once.

In addition, on September 2, 2017, the Defendant leased E (E) of the instant building to the Plaintiff as KRW 1,50,000, monthly rent of KRW 350,000 (including management expenses) and the term of lease from September 1, 2017 to August 31, 2018.

At the time of entering into each of the above lease agreements, the Plaintiff and the Defendant have prepared a separate commitment to usage fees, penalty, etc., and the main contents are as follows:

2. Rental fees and expenses for repair shall be borne by lessees;

(a) Fees (including expenses for the installation of electricity, water, gas, and communications);

(b) Repair (repair costs, washing machines, cooling machines, gas sirens, TV, air conditioners, boilers, boilers, stowing machines, water supply systems, showers, showers, water distribution systems, digital records, internal stations, etc.);

(c) A lessee shall be liable for any defect that occurs or is found after one week from the contract.

3. Penalty;

(a) Where a lease contract is terminated during the term of the lease contract, penalty shall be KRW 350,00 in case of subparagraph E, and KRW 380,000 in case of subparagraph D, and penalty for breach of the lease shall be determined as KRW 100,000 in case of transferring the right of lease to a third party with the consent of the lessor;

(b) Where the unpaid amount is unpaid for at least five days from the date of advance payment of the unpaid amount, management expenses, rent, public imposts, and penalty, the penalty shall be determined by 2.5% of the total amount unpaid for each month;

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