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(영문) 부산지방법원 서부지원 2018.10.10 2018가단103011
임대차보증금
Text

1. The Defendant: 5% per annum from March 22, 2018 to October 10, 2018, and on October 11, 2018, to the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 7, 2008, the Plaintiff agreed to lease the lease deposit amount of KRW 120,000,000, monthly rent of KRW 2300,000, and the lease term of KRW 5 years from March 1, 2009.

B. On May 10, 2012, the Defendant agreed to jointly use the parking lot installed in the Plaintiff and the instant real estate (hereinafter “instant parking lot”) and to pay KRW 700,000 per month to the Plaintiff as the parking fee, and to deduct it from the monthly rent of KRW 2,30,000 from the foregoing monthly rent of KRW 2,30,000 from May 2012.

C. On February 26, 2014, the Plaintiff again leased the instant real estate of KRW 120,00,000 as lease deposit, KRW 2,300,00 as monthly rent, and KRW 2,300,00 as of March 1, 2014, and agreed to jointly use the instant parking lot. Around February 2016, the Plaintiff again agreed to extend the said lease term for one year (hereinafter “the instant lease agreement”).

On January 8, 2018, the Plaintiff expressed to the Defendant the intent of refusing to renew the contract on the instant real estate, and delivered the said real estate on March 21, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 5 and 8, purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The instant lease agreement was terminated on February 28, 2018, and the Plaintiff transferred the instant real estate to the Defendant on March 21, 2018, and the Defendant is obligated to refund KRW 120 million to the Plaintiff.

In addition, from March 2014 to February 2018, the Defendant is obligated to pay the Plaintiff the sum of KRW 33,600,000 (70,000 x 48 months) monthly user fees of KRW 700,000 (70,000) to the Plaintiff.

B. (1) According to the fact that the above part of the claim for the return of the lease deposit is recognized, the term of lease under the instant lease agreement is February 2017.

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