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(영문) 대전지방법원 천안지원 2018.07.11 2017가단102910
보증금반환
Text

1. The Defendant’s KRW 36,776,90 for the Plaintiff and KRW 5% per annum from March 25, 2017 to July 11, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant leased the instant house located in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, the Defendant owned (hereinafter the instant house), but determined the lease deposit as KRW 76 million from April 25, 2014 to April 24, 2017, and concluded a lease contract with the Plaintiff with the content that the Plaintiff and the Defendant confirmed at the time of concluding the contract that the Plaintiff paid the lease deposit in full by paying the construction cost, etc. that the Defendant should pay on behalf of the Plaintiff.

(hereinafter referred to as the "Lease of this case")

The Plaintiff had resided in the instant housing from around that time. On January 15, 2017, a cause fire occurred in a garage and a warehouse adjacent to the instant housing (hereinafter “instant warehouse”) and all of the instant housing and warehouse were relocated to the instant warehouse.

(hereinafter referred to as the “fire of this case”).

The lease contract of this case states that "the lessor and the lessee provide space for parking and passage," and the plaintiff used the lease contract of this case by storing goods in the warehouse of this case attached to the house of this case.

(A) According to the voice of evidence No. 5, the fact that the Defendant’s goods, such as packaging materials, were stored in the warehouse of this case can be acknowledged, but the above fact alone does not obstruct the Plaintiff’s acknowledgement of the fact that the Plaintiff used the warehouse of this case. Rather, according to the voice of evidence No. 5, the Plaintiff made a statement to the Defendant that “the Defendant had taken away the Defendant’s goods, but the Defendant did not have taken away the goods” on the part of the Plaintiff, the circumstances in which the Plaintiff managed the warehouse of this case can be inferred).

The market value at the time of a fire in the house and warehouse, which is the object of the lease of this case, is 69,223,100 won.

E. The Defendant received KRW 30 million insurance money from Hyundai Marine Fire Insurance Co., Ltd. regarding the instant housing due to the instant fire.

F. The plaintiff and the defendant raise objection.

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