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(영문) 전주지방법원 2020.07.22 2019나4420
보증금반환
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. The court's explanation on this part of the basic facts is identical to the corresponding part of the reasoning of the judgment of the court of first instance. Thus, the court's application of the main text of Article 420 of the Civil Procedure Act

2. Determination on the cause of the claim

A. The reasoning for the court’s explanation on this part of the parties’ assertion is the same as that of the judgment of the court of first instance, and thus, it is cited by applying the main text of Article 420 of the Civil Procedure Act.

B. 1) The grounds for the court’s explanation on this part of the relevant provision are as stated in the reasoning of the judgment of the court of first instance, and thus, it is cited as it is by applying the main sentence of Article 420 of the Civil Procedure Act. 2) According to the judgment of the court of first instance as to whether the lease deposit and monthly rent offered by the Defendant to D were significantly high, and whether the lease deposit and monthly rent have been made, the result of the appraisal commission and the supplementary appraisal commission with respect to the I Appraisal Office of the first instance court as of May 1, 2018, the appraiser J recognized the fact that (i) with respect to the monthly rent of the instant store as of May 1, 2018, (ii) the lease deposit were KRW 1,253,000, and (ii) the lease deposit was KRW 1,169,000,000, KRW 200,000, KRW 300,000, KRW 66,008.

According to the above facts, since the lease deposit offered by the Defendant to D is KRW 30,000,00,000, monthly rent of KRW 1,600,000, this is determined to be significantly high compared with the monthly rent of KRW 1,086,00, which is assessed when the lease deposit was assessed for the instant store by the said appraiser.

For this, the defendant is located in the first-class general residential area of each building located in L, M, N, andO in the Jeonju-si L, Jeonju-si, and the first-class floor is the main complex building consisting of multi-family houses, and the second, third, and fourth floors are the main complex buildings.

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