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1. The defendant shall pay 12,049,780 won to the plaintiff.
2. The costs of the lawsuit are assessed against the defendant.
3.Paragraph 1.
Reasons
1. The Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on July 21, 2014, stating that there is no dispute between the Defendant’s duty to return the lease deposit and that part of the second floor of the building Ansan (hereinafter “instant building”) of the Defendant and Ansan-si Building C is KRW 50 million, monthly rent of KRW 800,000 (payment on July 30, 201), management expenses, and lease period from July 21, 2014 to July 20, 2016 (hereinafter “the instant lease agreement”). The Plaintiff asserted that the instant lease agreement was renewed on July 7, 2012, and that the period of payment of KRW 50,00,000 for the lease deposit has not been clearly disclosed, and no further information may be found.
However, there is no dispute between the parties that the plaintiff paid the above KRW 50 million to the defendant.
The fact that the above lease deposit was paid to the defendant in full, and the fact that the lease contract of this case was terminated on July 20, 2016, can be recognized that the period of termination on July 20, 2016. Accordingly, according to the above fact of recognition, the defendant is obligated to return to the plaintiff the remainder of the money excluding the repayment and deduction amount recognized below out of the lease deposit 50 million won.
2. Payment and mutual aid;
A. The fact that the Defendant returned to the Plaintiff the lease deposit amounting to KRW 20 million around August 1, 2016, and KRW 15 million around October 5, 2016 is no dispute between the parties.
B. Parts 1) recognized as deductible amount (no dispute exists) - 2670,000 won (=(the monthly rent of 800,000 won x 90,000 won x 3 months) - the portion of electricity charges concerning the portion used until August 2, 2016 - the portion not recognized as totaling 280,220 won 2) - the portion of unjust enrichment equivalent to the rent of 200,000 won for the portion of September 2, 2016, and the aggregate of management expenses and 17,000,000 won: without any legal ground.