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(영문) 제주지방법원 2020.08.12 2019나13520
임대차보증금
Text

1. The part of the judgment of the court of first instance against the Defendant (Counterclaim Plaintiff) shall be revoked, and the revoked part shall be revoked.

Reasons

All the principal lawsuit and counterclaim claims shall be deemed to have been filed at once.

1. Facts of recognition;

A. Around April 2014, the Plaintiff entered into a housing lease agreement (hereinafter “instant lease agreement”) with the Defendant on the first floor D (hereinafter “instant housing”) among subparagraph 1 in Jeju-si (hereinafter “instant housing”) under which the deposit for lease was KRW 500,000,000 and KRW 285,000,000 each month.

B. On April 17, 2014, the Plaintiff paid KRW 500,00 to the Defendant the said lease deposit, and on April 24, 2014, the Plaintiff received the instant house from the Defendant and completed the moving-in report procedure on the resident registration.

The Plaintiff paid each of the above rent of KRW 285,00 to the Defendant from May 2014 to November 2015.

C. On November 11, 2015, the Plaintiff increased the rent by KRW 350,000 per month between the Defendant and the Defendant, and the rent was paid by transferring it to the Defendant’s account on the 25th day of each month.

On August 2018, the Plaintiff expressed his/her intent to refuse to renew the instant lease agreement to the Defendant. On November 30, 2018, the Plaintiff (i) moved from the instant house to another place, and (ii) delivered the instant house to the Defendant.

【Ground of recognition】 Evidence Nos. 1 through 7, and Nos. 1 through 6, and the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the principal claim, the instant lease was implicitly renewed, and the contract term expired on November 30, 2018.

Therefore, the defendant is obligated to pay the above lease deposit amount of KRW 500,000 and damages for delay to the plaintiff, except in extenuating circumstances.

2. Determination as to the defendant's defense and counterclaim against the main lawsuit

A. The Defendant asserted that the Plaintiff did not pay KRW 700,000,000,000,000 for each of the rents for February 2018 and August 2018. The Defendant’s assertion that the said overdue rent and the instant lease contract were concluded, from November 11, 2018, until November 30, 2018, 233,330 won at the expense of KRW 93,330,00,000, and its payment.

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