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(영문) 부산지방법원동부지원 2016.04.21 2015가단205415
임대차보증금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. On December 10, 2003, the Plaintiff leased from the Defendant the portion (A) part (a) of the building connected in sequence with each point of No. 1, 2, 3, 6, 7, and 1 of the attached Form No. 1, 2, 3, 7, and 1 of the building indicated in the attached Table from the Defendant as KRW 183,00,000,000 for the lease deposit. Since the instant lease contract was terminated, the Defendant is obligated to return the lease deposit to the Plaintiff.

B. According to the instant lease agreement by the Defendant, the Defendant is obligated to pay the Plaintiff KRW 1,870,000 per month for rent (including surtax) and KRW 275,00 per month for management expenses.

Since the Defendant did not pay rent, etc. one time during the lease term and did not deliver the leased object of this case until now, the lease deposit of this case was deducted from overdue rent, etc.

2. Determination

A. On December 10, 2003, the Plaintiff: (a) leased the leased object of this case from the Defendant with the lease deposit of KRW 100 million; (b) the lease deposit of KRW 1,870,000 per month; and (c) from December 21, 2003 to December 20, 2006, the Plaintiff paid the lease deposit of KRW 100,000 to the Defendant on December 21, 2003; (b) the Plaintiff did not pay the rent after the conclusion of the instant lease; and (c) on May 10, 2005, the Defendant sent to the Plaintiff a letter verifying the content that “the lease contract of this case was terminated after the lease date; and (d) requested the Plaintiff to certify the content that the instant leased object should be restored to its original state by sending it.”

3) The Plaintiff leased the leased object of this case to use it as a hospital. From 2004, the Plaintiff maintained the state of business suspension. The Plaintiff did not deliver the leased object of this case to the Plaintiff until now.

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