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Reasons
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(영문) 대전지방법원 2015.12.09 2015가합3017
임대차보증금
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1. The defendant shall pay KRW 118,073,605 to the plaintiff (appointed party) and the appointed party C.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. The Plaintiff (Appointed Party) and the Appointed C (hereinafter “Plaintiff”) share 2/3 shares of the Plaintiff with respect to the building on the 3rd floor (hereinafter “the building in question”) on the ground of Seosan-si. The Plaintiff shares 2/3 shares of the Plaintiff and the Appointed C shares of 1/3 shares.

B. On January 3, 2014, the Plaintiff et al. paid KRW 220,00,000, monthly rent of KRW 6,000,000 for the instant inn with the Defendant on September 3, 201, and KRW 6,500,00 for each month thereafter. From six months after the Defendant moved into, the amount shall be increased to KRW 6,50,000 for the monthly rent of KRW 6,500 for the six months after the Defendant moved into. If the amount is in arrears for at least three days in the month, the damages for delay shall be added to 24% per annum from the date of arrears, and the lease period shall be from February 9, 2014 to February 8, 2016.

C. The Defendant paid the Plaintiff, etc. a sum of KRW 13,870,000 as indicated below [Attachment 1] as monthly rent.

The amount of payment No. 1 6,400,00 on March 10, 2014 6,40,000 2.3,000 on July 18, 2014 3, 200,000 on July 20, 2014 3,00,000 on July 29, 200 4. 1,700,000 on July 29, 200 5, 2005 320,00 on January 14, 2015 6, 200 on January 16, 2015 16, 50,000 on the aggregate of KRW 13,870,00 on 350,00 on February 21, 2015 : Table 1: the details of the rent paid by the Defendant)

D. As of July 23, 2015, the sum of the monthly rent and damages for delay that the Defendant delayed, as of July 23, 2015, reaches KRW 118,073,605.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1, 3, and 8 (including each number), the purport of the whole pleadings

2. According to the above facts of recognition, the defendant is obligated to pay KRW 118,073,605 to the plaintiff, etc. as requested by the plaintiff.

3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.

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