(영문) 울산지방법원 2019.01.25 2018가단56130

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(영문) 울산지방법원 2019.01.25 2018가단56130

임대차보증금

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1. The Defendant’s KRW 21,322,428 as well as 5% per annum from November 24, 2017 to January 25, 2019 as to the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 13, 2010, the Plaintiff and the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with regard to the second floor of 187.44 square meters (hereinafter “the leased part of this case”) among the buildings listed in the attached Table list, with the lease deposit of 50 million won, monthly rent of 1.47 million won (However, the amount that the Plaintiff is obligated to pay to the Defendant for the monthly rent of 30,000 won added to the elevator usage fee of 30,000 won) and the lease period of 36 months.

B. Since the renewal of the instant lease agreement, around 2017, the Plaintiff and the Defendant agreed not to extend the instant lease agreement, and the Plaintiff delivered the leased portion to the Defendant on November 23, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts finding as to the cause of claim, the Plaintiff returned the leased portion of this case to the Defendant on November 23, 2017, and around that time, the instant lease contract was terminated. Thus, barring any special circumstance, the Defendant is obligated to refund the deposit deposit amount of KRW 50 million to the Plaintiff and the delay damages therefrom.

3. Defendant's assertion of set-off and deduction

A. The fact that the Plaintiff paid KRW 1.5 million from December 13, 2010 to December 12, 2010 after entering into the instant lease agreement, including monthly rent, etc. on November 2010 does not conflict between the parties, and thus, the Plaintiff is obligated to pay KRW 1.5 million, including monthly rent, from November 13, 2010 to December 12, 2010.

Therefore, the above amount shall be deducted from the security deposit that the defendant should return to the plaintiff.

As to this, the Plaintiff and the Defendant agreed to pay monthly rent after the commencement of the business of a dental hospital, and the dental hospital business began from December 2, 2010, the Plaintiff asserted that there was no obligation to pay monthly rent on November 201.

However, the contract term of this case is set from November 13, 2010.

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