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(영문) 서울중앙지방법원 2015.01.20 2014나29741
부당이득반환
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 12, 2008, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 40 million, monthly rent of KRW 1.2 million, and the lease term of KRW 1.2 million from March 15, 2008, and the lease agreement was renewed and changed to KRW 1.6 million from March 15, 2012.

B. On July 2012 and September 2012, the Defendant: (a) requested F to repair the instant apartment by requesting the Defendant to F, a staff member of F, E; (b) during this process, 2.2 million won was incurred; (c) on September 27, 2012, the Defendant paid to the Plaintiff KRW 3.2 million remaining after deducting KRW 2.2 million from July 2012 and September 2012 (i.e., KRW 1.6 million x 2 million).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 8, and the purport of whole pleadings

2. The allegations and judgment of the parties

A. The gist of the Plaintiff’s assertion is that the Defendant, a lessee, should bear the cleaning cost of KRW 2,200,000,000,000, which was deducted by the Defendant from the rent, and that the Defendant did not repair and take a bath room construction cost of KRW 150,00,000 and the bathing room construction cost of KRW 80,00,000,000,000,000,000,000,000,0000,0000,0000,0000,0000,0000,0000).

B. We examine the determination of KRW 250,000 for cleaning expenses, and the fact that the Defendant paid KRW 250,000 to the Plaintiff on December 6, 2013 is not a dispute between the parties. Therefore, the Plaintiff’s claim on this part is without merit without further review.

C. According to the judgment on the changed repair cost of KRW 1.50,000, Party A’s evidence No. 2-1, the Defendant’s receipt of KRW 1.50,000, out of the amount deducted from the rent, was prepared by Party H of “G” other than Party F, and the details of the acceptance of this receipt are changed.

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