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(영문) 전주지방법원군산지원 2016.01.14 2015가합10419
보증금반환
Text

1. The Defendant each of the Plaintiffs’ KRW 11,690,303, and 5% per annum from March 14, 2015 to January 14, 2016.

Reasons

1. Period of recognition: The monthly rent of 200 million won (which shall be adjusted through mutual consultation after the lapse of two years from the commencement date of the lease): the monthly management fee of 5,115,000 won (including value-added tax): the charge of electricity, water supply and sewerage charges, and management fees for the object of lease: the charge of electricity and water supply and sewerage charges for the actual usage of the object of lease installed by the Defendant, shall be borne by the Plaintiffs according to the actual usage by the single measuring instrument installed at the Defendant’s expense, and the Plaintiffs shall pay 8,000 won per 3.3 square meters of the parcelling-out area as management fees (excluding value-added tax) monthly.

On October 17, 2009, the Plaintiffs leased the three-story 803 square meters of the D Building in Gunsan City from the Defendant and operated the E division.

The main contents of a lease agreement are as follows:

B. On November 27, 2014, the Plaintiffs notified the Defendant of the refusal to renew and the lease was terminated on February 20, 2015.

On March 8, 2015, the Plaintiffs returned the leased object to the Defendant.

(Plaintiffs asserted that they returned the leased object on March 4, 2015, but there is no evidence to recognize it).

From March 1, 2015 to March 8, 2015, the Defendant returned to the Plaintiffs the rent of KRW 1,364,00 ( KRW 5,15,000 x 8/30), management expenses of KRW 518,40 ( KRW 8,00 x 243 x 243 x 243 x 3.3 x 8/300 x 8/30), public charges (electric water supply charges, TV license fees, charges for causing traffic congestion, environmental improvement charges, etc.), KRW 761,260, value-added tax 2,90,06 x 2,91,974, which deducts the aggregate of value-added tax of KRW 2,908,06.

196,981,974 won was paid on March 17, 2015 and March 20, 2015.

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

2. Claim for the refund of unpaid lease deposit;

A. The plaintiffs' assertion that the defendant returned only KRW 197,091,974 out of KRW 200,000,000 paid by the plaintiffs. Thus, each of the plaintiffs must pay KRW 1,454,013 [20,000 - KRW 197,091,974] to the plaintiffs.

B. First, determination 1:

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