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(영문) 수원지방법원 2016.07.13 2015나35987
전세금반환
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On December 13, 2007, the Plaintiff and the Defendant entered into a lease agreement (hereinafter “the lease agreement of this case”) with respect to the non-Dong 980 square meters (hereinafter “the instant real estate”) among the real estate listed in the attached list owned by the Defendant, with respect to the lease period from January 1, 2008 to December 31, 2009, the lease period of which is 45,000,000, monthly rent of KRW 4,950,000 (including surtax), and thereafter extended the lease period to December 31, 2013.

B. On September 23, 2011, the Suwon District Court’s Ansan District Court’s registration office was received on September 23, 201, and the registration of the establishment of chonsegwon was completed on September 23, 201 in the name of the Plaintiff on September 23, 2011.

C. The Plaintiff and the Defendant agreed not to extend the instant lease agreement on December 2013, and agreed to pay to the Defendant the monthly rent of KRW 6,050,000 from January 2014 to the time of delivery of the instant real estate.

On April 30, 2014, the Plaintiff, while leaving the instant real estate, delivered the instant real estate to the Defendant. Until that time, the Plaintiff did not pay to the Defendant the sum of KRW 6,050,000 for rent for March 2014, electricity and safety management expenses for March 2014, KRW 9,713,126 for electricity and safety management expenses for April 2014, and KRW 9,828,964 for electricity and safety management expenses for April 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6 (including each number, hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, since the lease contract of this case was terminated upon the expiration of the period, the defendant is obligated to pay the plaintiff 19,407,910 won (=45,000,000 won-25,592,090 won (=45,000,000 won-25,592,090 won) of the lease contract of this case, barring special circumstances.

The plaintiff also sought damages for delay against the above KRW 19,407,910, but the defendant's obligation to return the deposit money is registered as follows.

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