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(영문) 제주지방법원 2015.02.11 2014나1065
임대차보증금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim (including the part extended from the trial) is dismissed.

3...

Reasons

Basic Facts

A. On February 3, 2012, the Plaintiff entered into a lease agreement with the Defendant, at Jeju Island C205 KRW 1 million, monthly rent of KRW 490,000 (management expenses KRW 10,000 per month), and from February 3, 2012 to February 2013, the lease agreement was concluded between February 2012 and February 2013.

(hereinafter “instant lease agreement”). B.

After that, the plaintiff and the defendant agreed to move from 205 to 4th floor, and they did not prepare a separate lease contract.

C. On September 28, 2013, the Defendant delivered the building leased to the Plaintiff.

[Ground of recognition] The non-contentious facts, Gap evidence No. 1, the purport of the whole pleadings, and the plaintiff's assertion of the parties to the instant lease period is from February 2, 2012 to September 2013, and from 20 months to 10 million won, the defendant, among the rent for 20 months, shall pay to the plaintiff KRW 500,000 won on the day before the date, 50,000 won, May 30, 2013, around July 2013, and September 2, 2013, respectively, as rent. The defendant is obligated to pay the remaining KRW 7 million after deducting one million from the unpaid rent, as well as damages for delay.

The defendant's assertion that the defendant, except for the portion of July 2013 and the portion of the rent on September 2013, 2013, was transferred to the plaintiff in cash or in cash. Since the portion of July 2013 and the portion of September 20, 2013, which was not paid, are deducted as KRW 1 million, there is no further fee to be paid.

Judgment

In full view of the following facts: (a) the Plaintiff received the rent of one million won and three-month from the Defendant; (b) the Plaintiff received the lease deposit from the Defendant; and (c) the Plaintiff was the person who received the delivery of the said building; and (d) the overall purport of the entries and arguments in subparagraph (1) through (3) of the evidence No. 1-3, the Defendant may recognize the fact that the Defendant paid the Plaintiff the rent, in addition to the rent that the Plaintiff received from the Plaintiff, from February 2, 2012 to June 2013, and the rent that was paid in check or in cash on August 2013, 201, and thus, the rent that the Defendant did not pay to the Plaintiff is two minutes (as July 2, 2013 and September 9).

Furthermore, in the instant case, the sum of the rent that the Defendant did not pay to the Plaintiff is KRW 1 million.

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