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(영문) 의정부지방법원 2018.01.19 2017나210281
임대차보증금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. On April 7, 2014, the Plaintiff and the Defendant’s lease agreement (hereinafter “instant lease agreement”) 1) the Plaintiff is deemed to be the 230 square meters of the commercial building C 102 square meters at the Government-si with the Defendant and Dong Government (hereinafter “instant commercial building”).

(2) On September 8, 2015, the Plaintiff entered into a contract with the Defendant to rent KRW 100 million, monthly rent of KRW 8.5 million, and the lease term from June 1, 2014 to June 1, 2019. (2) On September 8, 2015, the Plaintiff entered into a contract with the Defendant to change the lease term from September 8, 2015 to September 8, 2017.

3) On June 27, 2016, the Plaintiff entered into a contract with the Defendant to change the terms of the said lease agreement to lease the deposit amount of KRW 70 million, monthly rent of KRW 8 million, and the term of the lease from June 27, 2016 to June 27, 2018. (4) On September 1, 2016, the Plaintiff entered into a contract with the Defendant to change the said lease agreement to lease the deposit amount of KRW 42 million, monthly rent of KRW 8 million, and the term of the lease from June 27, 2016 to June 27, 2018.

The Plaintiff and the Defendant entered into an agreement to the effect that “The rent shall be set at KRW 8.5 million per month from September 8, 2017 and the deposit shall be KRW 100 million from September 8, 2017” and “the management fee (5,000 per square year) and the additional tax shall be separately imposed.”

B. 1) The instant lease agreement was terminated on February 19, 2017, and the Plaintiff transferred the instant commercial building to the Defendant around that time. 2) At the time of the termination of the said agreement, the Plaintiff’s unpaid rent and management fee for the instant commercial building was KRW 2 months and KRW 25,090,178 (= = 9,367,000 x (219/28)). On February 13, 2017, the Plaintiff paid KRW 315,000, which is part of the said amount to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 3 to 6, the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the defendant shall pay the plaintiff unpaid rent and management fee of KRW 42 million in the deposit amount to the plaintiff 24.

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