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(영문) 수원지방법원 안산지원 2017.01.18 2016가단15822
임대차보증금반환
Text

1. The Defendant is the boiler and air conditioninger owned by the Plaintiff on the ground subsequent to the real estate stated in the attached list.

Reasons

1. Determination as to the cause of claim

A. The following facts may be acknowledged in full view of the purport of the entire pleadings in the statement No. 1, and there is no reflective evidence.

(1) On July 2, 2014, the Plaintiff entered into a contract with the Defendant to lease real estate listed in the separate sheet (hereinafter “instant real estate”) with the term of KRW 25 million, monthly rent of KRW 1,015,00 (including monthly management fee of KRW 15,00), and the term of two years from July 5, 2014 to July 5, 2016 (hereinafter “instant lease contract”).

(2) Under the instant lease agreement, the Plaintiff paid the Defendant the above lease deposit amount of KRW 25 million, and occupied and used the instant real estate.

B. According to the above facts, the lease relationship of this case terminated due to the expiration of the agreed lease term under the lease contract of this case.

Therefore, barring special circumstances, the defendant is obligated to refund the above lease deposit amount of KRW 25 million to the plaintiff, barring special circumstances.

2. Judgment on the Defendant’s argument

A. (1) With respect to the defenses against deduction of the rent unpaid during the period of time, the Defendant first asserted that the Plaintiff should deduct the rent of KRW 2.5 million in unpaid monthly rent from the above rent deposit until July 5, 2016. Thus, the Defendant’s defense is without merit, since there is no dispute between the parties on the fact that the Plaintiff unpaid the rent of KRW 2.5 million in the monthly rent accrued during the period of time.

(2) Therefore, the Defendant is obligated to pay the Plaintiff KRW 2,50,000 ( KRW 25 million - 2.5 million) remaining after deducting the above KRW 2.5 million from the Plaintiff’s daily response KRW 25 million.

B. (1) As to the defense of unjust enrichment equivalent to the rent to be incurred in the future, the Defendant asserts that the amount of unjust enrichment equivalent to the rent calculated from July 6, 2016 to the time of delivery of the instant real estate should be deducted from the above lease deposit.

(2) Therefore.

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