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(영문) 의정부지방법원고양지원 2019.04.11 2018가단74262
임대차보증금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 17,146,759 to the Defendant (Counterclaim Plaintiff) and its related amount from July 22, 2017 to December 12, 2018.

Reasons

1. Basic facts

A. On April 1, 2015, the Defendant leased 30 square meters of a building 2 Dong-dong, 700 square meters and 30 square meters based on a special agreement (hereinafter “instant building”) owned by the Defendant to Nonparty D Co., Ltd., but entered into a lease contract with Nonparty D with the lease deposit amount of KRW 40,000,000, rent of KRW 4,300,000 (value-added tax).

B. On December 23, 2015, the Plaintiff changed the term of lease of the said lease from December 23, 2015 to April 30, 2017, and acquired the status of lessee of the said lease.

(hereinafter “instant lease agreement”). Since then, the Plaintiff and the Defendant extended the lease term of the instant lease on June 7, 2017 to July 15, 2017.

C. After the termination of the instant lease agreement, the Plaintiff delivered the instant building to the Defendant on July 21, 2017, and the Defendant paid KRW 30,000,000 out of the lease deposit to the Plaintiff.

The rent that the Plaintiff did not pay to the Defendant by July 20, 2017, which is the day before the delivery of the instant building, is KRW 3,153,33, the electricity security expenses are KRW 22,00, the electricity security expenses are KRW 56,350, the electricity charges for the sixth month are KRW 41,316, the electricity charges for the sixth month are KRW 830,530, and the electricity charges for the sixth month are KRW 180,910, the electricity charges are KRW 4,290,074.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 6, Eul evidence 6 (including additional number), the purport of whole pleadings

2. According to the facts of the judgment on the principal lawsuit, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the remaining lease deposit amount of KRW 5,709,926 (i.e., KRW 10,000,000, KRW 4,290,074, including the remaining deposit amount of KRW 10,000,000, and the Defendant and the unpaid rent of KRW 4,290,047, but this appears to be a clerical error) and the damages for delay incurred from July 22, 2017 following the delivery date of the instant building. However, as seen below, the Plaintiff’s remaining lease deposit return claim is counterclaimed by the Defendant.

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