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(영문) 부산지방법원 2018.09.05 2017나58403
임대료
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On September 28, 2011, the Plaintiff leased the Plaintiff’s 501 (hereinafter “instant studio”) of the Seo-gu Busan Metropolitan City Building C, as one year from September 28, 201 to September 27, 201, with a deposit of KRW 20 million, monthly rent of KRW 200,000 (a separate management fee of KRW 30,000), and the lease term of KRW 30,000 from September 28, 2011 to September 27, 2012.

(hereinafter “instant lease agreement”). B.

On September 28, 2012, the Plaintiff and the Defendant: (a) the deposit amount is KRW 20 million as it is; (b) the monthly rent is KRW 250,000,000 including management expenses; (c) the instant lease contract was extended by one year; and (d) thereafter, the said contract was extended by one year under the same conditions from 2013 to 2015.

C. From September 28, 2011, the Defendant moved in and resided in the instant studio, and around August 2016, notified the Plaintiff of the termination of the instant lease agreement. On December 27, 2016, the Defendant left the studio and delivered the said studio to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 7, the purport of the whole pleadings

2. The assertion and judgment

A. (1) The Plaintiff’s assertion 1) The Defendant shall pay the Plaintiff KRW 20 million for the rent of KRW 20 million and KRW 30,000 for each month between September 28, 201 and September 27, 2012 under the instant lease agreement. However, the Defendant paid KRW 15 million out of the deposit for December 30, 201, and did not pay KRW 5 million for the period from September 28, 201 to December 12, 2016 at the end of the instant lease. Accordingly, the Defendant did not pay KRW 200,000 to the Plaintiff for the period from September 28, 201 to December 26, 2016, including the rent of KRW 200,000 and KRW 30,000 for the period from September 28, 201; and thus, the Defendant did not pay the said deposit to the Plaintiff for delay of KRW 300,000 for the period from September 28.

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