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(영문) 수원지방법원 2018.05.31 2017나57882
임대차보증금
Text

1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.

2. Costs arising from an appeal and an incidental appeal shall be respectively.

Reasons

1. Basic facts

A. On October 1, 2009, the Plaintiff and the Defendant, and the period from October 1, 2009 to October 1, 201, from the Defendant to the beauty room underground in the 10-story building located in Gangnam-gu Seoul Metropolitan Government C (hereinafter “instant beauty room”).

The lease contract was concluded with the content that the lease deposit is set at KRW 20 million (hereinafter “instant lease contract”).

B. From October 1, 2009 to October 3, 2009, the Plaintiff paid a lease deposit to the Defendant by depositing KRW 20 million to D, which was the former lessee of the beauty art room of this case, and thereafter, operated beauty room business from around that time.

C. The instant lease agreement was explicitly renewed on October 1, 201, and the Plaintiff delivered the instant beauty room to the Defendant on October 1, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 4, Eul evidence 3, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above findings of the determination on the cause of the claim, the instant lease contract was terminated on October 1, 2013, and thus, the lessor is obligated to pay the Plaintiff as the lessee the lease deposit amount of KRW 20 million and damages for delay.

B. The Defendant’s argument 1) The Defendant’s argument is that at the time of the instant lease agreement, the Plaintiff agreed to pay to the Defendant KRW 300,000 per month the monthly rent, KRW 1/10 of the total electricity, gas, and water supply fees, KRW 20,000 per month, and KRW 14,440,000 per month, which was not paid for four years. The Plaintiff’s overdue rent is KRW 1440,000 (=300,000 x 48 months). The unpaid management fee is KRW 14,524,290, and the unpaid management fee is KRW 1/10,00, KRW 1/10,30, KRW 1/308, and KRW 362,00,000, KRW 25,432,652,524,29, KRW 1308,360,696, Jun. 6, 200

Even if the oral agreement on management expenses is not recognized, the Plaintiff is in accordance with Article 4 of the instant lease agreement.

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