(영문) 수원지방법원안산지원 2015.07.09 2014가합5057

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(영문) 수원지방법원안산지원 2015.07.09 2014가합5057

임대차보증금

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1. The Defendants shall be jointly and severally liable to the Plaintiff for delivery of each building listed in the separate sheet No. 1 from the Plaintiff.

Reasons

1. The Plaintiff and the Defendants: (a) concluded a lease contract with the term of February 10, 201; and (b) concluded a lease contract with the term of February 10, 2014; (c) on March 1, 2012, with the term of a deposit of KRW 90 million; and (d) on April 7, 2013, with the term of a deposit of KRW 90 million; and (d) the Plaintiff paid each of the above buildings to the Defendants at around that time, and leased each of the above buildings; (c) the Plaintiff did not conflict between the parties; (d) it is recognized by the purport of evidence No. 1-1 to evidence No. 6; and (e) statement No. 1, No. 2-1, and No. 2-1, and each of the above buildings entered into by the Plaintiff and the Defendants; and (e) each of the above lease contract concluded with the Defendants was concluded (i.e., the Plaintiff’s deposit of KRW 90 million,500 million,000 million, barring special circumstances.

2. Determination as to the defendants' defense

A. The defendants set off the unpaid rent claim KRW 128 million against the plaintiff, and the above lease deposit claim against the plaintiff, and they cannot respond to the plaintiff's claim until delivery of each building is completed by the plaintiff.

B. According to the overall purport of each statement and pleading as to the priority set-off portion, Gap evidence Nos. 6 and 7, the following facts are acknowledged: (i) from March 2012 to June 2013: 32 million won (=2 million won x 16 months), and (ii) from July 2013 to June 30, 2015: 96 million won (=4 million won x 24 months). As the repayment period of the above rent-off claim reaches the final repayment period on June 2015, both the plaintiff and the defendant reached the payment period and reached the same date set-off on the same day.

In addition, the fact that the Defendants expressed their intent to set off the above two claims against the Plaintiff on an equal amount in the reply of this case is apparent in the record, thereby, the Plaintiff’s above lease deposit claim 200 million won.

유사 판례

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