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(영문) 서울남부지방법원 2013.12.03 2013가단20513
양수금(임대차보증금)
Text

1. The Defendant from 51,940,000 won to November 24, 2013 to the completion date of life expectancy of the first floor of Geumcheon-gu Seoul Metropolitan Government Housing.

Reasons

Ⅰ. Progress of the case (no dispute)

1. On March 8, 2011, D, a de facto husband of the Plaintiff, leased the first floor of Geumcheon-gu Seoul Metropolitan Government Housing C (hereinafter referred to as the “leased Housing”) from the Defendant, with a deposit of KRW 60 million, the period from March 23, 2011 to March 22, 2013, and the monthly rent of KRW 300,000,000 from March 23, 201 to March 22, 2013 - the monthly rent of KRW 23 days.

2. At the time of the special agreement, the lessee agreed that “The lessee is responsible for preserving the original form of the leased object until the expiration of the contract, and the damaged goods during the use of the consumed goods shall be repaired and used at the lessee’s expense, but the breakdown and damage of the worn-out facilities of the building that is not responsible for the lessee shall be repaired by the lessor.”

3. D and the Plaintiff were directors of the instant leased house and resided together on March 23, 2011.

4. Meanwhile, on June 1, 2012, D transferred the right to refund the lease deposit to the Plaintiff on the ground of the director reduction of Geumcheon-gu Seoul Building E, which acquired ownership as of December 1, 201 during the lease term, on June 1, 2012, and notified the Defendant of the above transfer on February 28, 2013, and on March 4, 2013, D served the above notice to the Defendant.

5. There is no dispute that the above lease contract has expired.

6. Under the following, according to the Defendant’s letter of credit, the Defendant will focus on the amount to be deducted out of the amount to be refunded to the Plaintiff of KRW 60 million.

Ⅱ Judgment as to the defendant's assertion of deduction

1. There is no dispute between the parties that only the monthly rent and water rate (1) D and the Plaintiff paid the monthly rent from April 201 to October 201, 201, but did not pay the monthly rent from November 201 to November 201.

In addition, monthly rent was agreed to pay as “after the 23th of each month,” and the monthly rent from October 24, 201 to November 23, 2013, which is the period in which the Plaintiff delayed the payment of monthly rent, shall be deducted from the lease deposit the monthly rent of KRW 7.5 million (=3 million x 25 months) and the monthly rent of KRW 300,000 from November 24, 201 to November 23, 2013.

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