logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2015.12.09 2015가단39261
임대차보증금반환
Text

1. The Defendant’s KRW 35,742,370 for the Plaintiff and KRW 5% per annum from August 11, 2015 to December 9, 2015.

Reasons

1. Facts of recognition;

A. On November 5, 201, the Plaintiff, from the Defendant, set the lease term of KRW 101,00, Dong 1007, Dong 1007 (hereinafter “instant real estate”) from Suwon-si, Suwon-si, from December 22, 201 to December 22, 2013, the lease deposit of KRW 50,000, monthly rent of KRW 600,000 (hereinafter “instant lease contract”). The Plaintiff paid KRW 47,000,000 out of the deposit to the Defendant and paid interest of KRW 30,000 each month to the Defendant.

B. The instant real estate was sold to Nonparty E on June 4, 2015, by Nonparty, Co., Ltd., Ltd., the mortgagee of the instant real estate, under the discretionary auction procedure (U.S. District Court D; hereinafter “instant auction procedure”), and the Plaintiff was apportioned KRW 4,731,110 on July 14, 2015.

C. The Plaintiff paid the rent only until May 5, 2014, and thereafter did not pay the rent for 12 months from the date of sale of the instant real estate.

(Plaintiff asserts that monthly rent of KRW 8,400 has not been paid, but since the instant lease agreement entered into a pre-paid agreement, the rent paid in May 5, 2014 appears to have been on May 5, 2014, and from June 5, 2014 to the time the instant real estate was sold, it was not paid for 12 months.

The unpaid interest on the unpaid deposit of the plaintiff is KRW 720,000.

The fact that there is no dispute (see an application for reduction of claims filed on September 10, 2015)

E. Meanwhile, from 2011 to 2015, the Plaintiff subrogated for KRW 1,393,480, including the long-term repair appropriations, repair and maintenance expenses, and fire insurance premiums.

The defendant does not dispute this.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 5, Eul evidence 1 (including a provisional number), the purport of the whole pleadings

2. According to the allegations and the above facts of recognition, the instant lease agreement is in the instant case.

arrow