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(영문) 수원지방법원 2020.08.21 2019나89432
보증금반환
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. Determination on the cause of the claim

A. Fact 1) On May 27, 2016, the Plaintiff is deemed to be the apartment complex D (hereinafter “instant apartment”) between the Defendant and the Defendant on the following grounds:

(3) The term of the lease contract with respect to the lease deposit amount of KRW 30,000,000, monthly rent of KRW 1,200,000, and the term of the lease from July 25, 2016 to July 24, 2018 (hereinafter “instant lease contract”).

(2) On January 13, 2019, the Plaintiff agreed to terminate the said lease agreement with the Defendant on the basis of January 13, 2019 and to refund the deposit after deducting the monthly rent, etc. accrued until the termination.

3) On January 4, 2019, the Plaintiff removed from the instant apartment on January 13, 2019, but did not pay KRW 2,000,000 for monthly rent and KRW 66,690 for management expenses incurred until January 13, 2019. The Plaintiff lost a joint entrance card and caused the Defendant to pay KRW 13,200 for the issuance cost of the entry card (the total amount of each of the above amounts is KRW 2,079,890). Meanwhile, on January 13, 2019, the Defendant deducted the amount exceeding KRW 2,079,890 for the said unpaid monthly rent, etc., and returned KRW 23,104,310 for the lease deposit to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, Eul evidence Nos. 2, 5, 7, and 8, or the purport of the whole pleadings

B. According to the facts of the above recognition, the defendant is obligated to pay to the plaintiff 4,815,800 won (=2,079,890 won - unpaid monthly rent, etc. - 23,104,310 won, 23,104,310 won) and delay damages, which are the remainder of lease deposit after deducting the unpaid monthly rent and management expenses, and the entrance card issuance expenses, as the lease contract of this case was terminated, barring special circumstances.

As to this, the plaintiff.

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