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(영문) 의정부지방법원 2016.12.09 2016나50949
임대차보증금
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.

Reasons

On October 12, 2009, the Plaintiff entered into a lease agreement between Defendant B and Defendant B, who carries on a real estate rental business (hereinafter “instant commercial building”) with respect to the lease deposit of KRW 28,000,000, monthly rent of KRW 1,100,000 (value added tax) and the lease agreement between October 16, 2009 and 24 months from the lease term of the lease (hereinafter “instant lease agreement”).

After paying the lease deposit to Defendant B pursuant to the instant lease agreement, the Plaintiff operated a private teaching institute with the trade name called EM in the instant commercial building.

The instant lease agreement was terminated on October 15, 2014, and Defendant B returned to the Plaintiff KRW 3,000,000,000 on October 16, 2014, and KRW 11,834,360 on November 21, 2014.

[Grounds for recognition] In the absence of dispute, Gap's evidence Nos. 1 through 4, Eul's evidence No. 7, and the plaintiff's assertion of the purport of the whole argument as to the purport of the whole argument was delivered to defendant B on October 15, 2014, which is the termination date of the instant lease contract, the defendant B did not immediately refund the full amount of the lease deposit, but paid the plaintiff KRW 3,00,000 on October 16, 2014, which is the following day. On November 21, 2014, the plaintiff paid KRW 11,834,360, which was arbitrarily deducted KRW 13,165,640 as shown in the attached Table.

Of the deducted amounts, the Plaintiff’s total of KRW 4,400,000 (=1,100,000 x 4 months x 4 months), and total of KRW 313,500 for unpaid management expenses (=209,000), and total of KRW 72,740 for electricity, KRW 1,500 for removal, KRW 6,286,240 for 6,286,00 for 6,879,40 for over 13,165,640 for 6,286,240 for 6,879,40 for 6,640 for -6,286,240 for 6,240 for 13,165,640 won) are unreasonable.

Therefore, Defendant B is obligated to pay to the Plaintiff the unpaid lease deposit amount of KRW 6,879,400 and delay damages.

Judgment

The fact that the instant lease agreement terminated on October 15, 2014 is as seen earlier, and the purport of the entire pleadings is as follows.

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