(영문) 수원지방법원 2016.09.27 2015나32148

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(영문) 수원지방법원 2016.09.27 2015나32148

임대차보증금

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1. Of the judgment of the court of first instance, KRW 1,850,000 against the defendant and the period therefor shall be from May 18, 2015 to September 27, 2016.

Reasons

1. Facts of recognition;

A. On September 5, 2009, the Plaintiff leased at KRW 2 years from the date of the lease term contract, KRW 5 million, and KRW 400,000 per month from the Defendant, Kimpo-si, Kimpo-si, KRW 5,301.

(hereinafter “instant lease agreement”). B.

The instant lease agreement was explicitly renewed on September 4, 2013, and was increased to KRW 450,000 per month, and the Plaintiff was in arrears for four months during the renewed lease agreement.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 3, purport of whole pleading

2. The parties' assertion

A. The Plaintiff’s instant contract was terminated upon the agreement of the parties around the beginning of August 2014, and the Plaintiff transferred the said apartment on November 28, 2014 to the Defendant, and thus, the Defendant is obliged to return KRW 5,00,000 to the Plaintiff.

B. From the lease deposit to be returned to the Defendant, the rent for four months in arrears by the Plaintiff, and the rent arising from the time when three months elapsed from November 2014 to the time when the instant lease contract was terminated, which was notified by the Plaintiff to the Defendant.

3. The Plaintiff asserted that the instant lease agreement was terminated under the agreement or notified the Defendant of his/her intent to terminate the lease on August 2014. However, there is no evidence to acknowledge this. Therefore, the instant lease agreement was terminated on February 21, 2015, which was three months after November 21, 2014, recognizing that the Defendant was notified of the intent to terminate the lease agreement by the Plaintiff.

Therefore, from the lease deposit to be returned to the Plaintiff by the Defendant, the rent for four months in arrears of the Plaintiff and the rent arising between three months from the time when the Plaintiff’s declaration of intent to terminate the contract is notified shall be deducted.

Therefore, the defendant is 1,850,000 won after deducting the unpaid rent of 3.15 million won (=450,000 won x 7 months) from the lease deposit to the plaintiff and this case.

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