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(영문) 서울서부지방법원 2015.11.12 2015가단207221
임대보증금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 24,069,843 and the interest rate of KRW 15% per annum from August 12, 2015 to the date of full payment.

Reasons

1. The facts subsequent to the facts do not conflict between the parties or show the overall purport of the pleadings in Gap evidence Nos. 1, 2, 4, 5, 12, and 13 (including paper numbers). A.

The Plaintiff, the purpose of which was to run a travel business, leased the fourth floor and the first basement floor among the real estate listed in the attached list from around 1990 to A (hereinafter “instant real estate”).

B. On October 11, 2012, the Plaintiff entered into a lease agreement with A as KRW 30,000,000 for the fourth floor of the instant real estate, and KRW 2,130,00 for the tea, and KRW 470,00 for each month for management expenses (excluding value-added tax), and as KRW 15,000 for the leased deposit for the underground first floor, and KRW 70,000 for the rent month (including management expenses and value-added tax), respectively.

C. On June 18, 2014, the Defendant: (a) purchased the instant real estate on June 18, 2014; and (b) requested the lessee, including the Plaintiff, to leave the instant real estate by August 20, 2014.

From August 20, 2014, the Defendant performed remodeling construction works on the instant real estate from around two months to around two months.

Around August 2, 2014, the Plaintiff, among the instant real estate, moved out from the first floor to the fourth floor among the instant real estate, and transferred the instant real estate to the third floor among the instant real estate around September 5, 2014.

E. On October 1, 2014, the Plaintiff and the Defendant concluded a lease contract (hereinafter “instant lease contract”) with respect to the third floor of the instant real estate, which was KRW 60,000,000, monthly rent 4,000,000 (excluding value-added tax, security system usage fee of KRW 50,00,000, toilet cleaning cost of KRW 200,000, public charges), and the term of lease from October 1, 2014 to December 31, 2014.

F. On December 31, 2014, the Plaintiff handed over the said real estate to the Defendant.

G. On December 2014, the Plaintiff’s rent of KRW 4,675,00 (including toilet cleaning expenses and compact service charges) and December 2014.

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