(영문) 청주지방법원 2016.10.12 2016나12602

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(영문) 청주지방법원 2016.10.12 2016나12602

임대차보증금

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1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Determination on the cause of the claim

A. According to the overall purport of Gap evidence Nos. 1 through 4, there is no dispute between the parties, or according to the purport of Gap evidence Nos. 1 through 4, the Plaintiff’s lease deposit KRW 90,000,000 from the defendant on April 23, 2012, and the lease deposit KRW 90,000 from April 29, 2014 to April 28, 2014 (hereinafter “the lease contract in this case”), and the Defendant paid KRW 90,00,000 to the defendant around that time. ② The plaintiff continued to reside in the above family room after the expiration of April 28, 2014, and the defendant consented thereto, ③ The plaintiff notified the Defendant of the termination of the lease in this case on June 23, 2015. Meanwhile, the plaintiff returned the lease deposit to the defendant on September 30, 2015 and the Plaintiff returned the lease deposit to the defendant on September 10, 2015.

B. According to the above facts, it is reasonable to view that the instant lease contract was terminated around September 30, 2015 when the Plaintiff had been permanently renewed and maintained around April 28, 2014, and the Plaintiff returned part of the lease deposit from the Defendant. Thus, the Defendant is obligated to pay to the Plaintiff, a lessee, the amount of KRW 400,00 (=the aforementioned KRW 90,000,000 - the above KRW 89,600,000) and the amount calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 17, 2015 to the date of full payment, which is the day following the delivery date of the original copy of the instant payment order.

2. The defendant's defense and judgment that "the management expenses to be paid by the plaintiff at the time of the lease contract in this case shall be KRW 70,000 per month, and the plaintiff agreed to clean the above stairs in lieu of the above management expenses. However, the plaintiff did not clean the above stairs for six months. Accordingly, the defendant deducted 40,000 won from the lease deposit to be returned to the plaintiff."

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