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(영문) 서울서부지방법원 2015.07.08 2014가단41707
보증금반환
Text

1. The Defendant: (a) KRW 12,933,018 against the Plaintiff (Appointed Party) and the Appointed C; and (b) from April 10, 2015 to July 8, 2015, respectively.

Reasons

1. On October 19, 2009, the contents of the instant lease agreement and the implied renewal (in the absence of any dispute, evidence No. 1) Plaintiff (Appointed Party) and the Appointed C (hereinafter collectively referred to as “Plaintiffs”) concluded a lease agreement with the Defendant’s agent and the Defendant’s agent to lease KRW 25 million with approximately 14 square meters of land E-ground housing (hereinafter referred to as “instant housing”) for a deposit of KRW 25 million, monthly rent of KRW 250,000 (payment on November 11), management expenses, KRW 15,000, and period of lease from November 21, 2009 to November 20, 201, and occupied and used the said housing.

After the expiration of the lease term, the above lease contract was implicitly renewed, and the plaintiffs agreed on October 12, 2012 to refund 2 million won out of the lease deposit from the defendant on October 12, 2012, and to raise 270,000 won monthly tax.

Meanwhile, the Plaintiffs were in arrears from the monthly rent (from November 21, 201 to December 20, 201) of December 2011.

2. The Plaintiffs asserted that, on April 7, 2014, the notice of termination of the instant lease agreement, which was implicitly renewed to the Defendant, was issued, and the lease agreement was terminated on July 7, 2014 after three months elapsed thereafter, the Plaintiffs asserted that, as such, KRW 13,750,018 should be refunded from the Defendant, which was deducted from monthly rent, water supply and drainage fee, and cleaning fee for septic tanks not paid up to the said period.

As to this, the defendant did not receive the notification of termination of the lease contract from the plaintiffs, and the plaintiffs delivered the house of this case on April 9, 2015, the defendant must deduct the monthly rent, the water supply and drainage fee, and the cleaning fee for septic tanks from the lease deposit to be refunded to the defendant. The defendant's damage due to the failure of the plaintiffs' electricity rental fee and the defendant's damage due to the water erosion of the second floor used by the plaintiffs should also be deducted from the deposit.

3. Determination

A. The Plaintiffs at the time of termination of the instant lease agreement shall be the Defendant on April 7, 2014.

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