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(영문) 대전지방법원 2018.05.10 2017가단26277
임대차보증금반환
Text

1. The Defendant: (a) KRW 30,241,450 for the Plaintiff and 5% per annum from January 12, 2017 to May 10, 2018.

Reasons

(b) asserts that the sum of the overdue rent of KRW 8.8 million and the gas fee of KRW 79,670, the electricity fee of KRW 74,770, the management fee of KRW 704,110, the management fee of KRW 9,758,550 should be deducted;

1) In fact, at the time of the instant lease contract, part of the remainder was agreed to be appropriated for a loan for lease on a deposit basis. On June 23, 2014, the Plaintiff received a loan for lease on a deposit basis, and transferred the deposit amount of KRW 40 million to the Defendant on June 23, 2014. In addition, the Plaintiff agreed with the Defendant through the Defendant’s manager to change the lease contract with the payment of KRW 300,000 monthly rent instead of paying the remainder deposit of KRW 60,000,000. From June 24, 2014, the Plaintiff transferred the instant house to the Defendant’s manager on January 11, 2017, and the Plaintiff’s housing was unpaid at KRW 70,000,000 for KRW 70,000,000 for KRW 30,000,000 for KRW 70,000 for the instant lease contract. The Plaintiff or the Plaintiff did not provide the instant house to the Defendant on KRW 171707,030,01.

Therefore, the defendant's defense is justified.

The plaintiff argues that the lease contract of this case was made falsely in order to obtain a loan for lease on a deposit basis, and that there is no contract for lease on a deposit basis, but the above argument is rejected as it is recognized earlier.

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