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(영문) 인천지방법원 2019.04.18 2018가단205802
임대차보증금
Text

1. The Defendant: (a) from February 21, 2018 to April 18, 2019 to Plaintiff A, KRW 736,136; and (b) from April 19, 201 to April 18, 201.

Reasons

1. Basic facts

A. On September 22, 2015, Plaintiff A entered into a lease agreement between the Defendant and the Nam-gu Incheon Metropolitan Government for F apartment G (hereinafter “instant real estate”) with respect to KRW 20 million, monthly rent of KRW 400,000 (payment on October 24, 2015), and the lease agreement between October 24, 2015 and October 24, 2016 (hereinafter “instant lease agreement”), and paid KRW 20 million to the Defendant.

B. On January 15, 2018, Plaintiff A removed from the instant real estate, and around January 21, 2018, Plaintiff A notified the Defendant of the fact of eviction and the password of the instant real estate.

C. Plaintiff B is an infant of Plaintiff A born on the H date.

[Ground for recognition - Unsatisfy, Gap evidence 1 and 2 (including paper numbers; hereinafter the same shall apply)

(ii) Eul's entry in No. 31 and the purport of the whole pleadings

2. The plaintiffs' assertion

A. Since Plaintiff A was increased by KRW 400,000,000,000 (=40,000 won x 10 minutes x 10,000 won) for the Defendant, ① from January 24, 2016 to October 24, 2016, and ② from November 24, 2016, the monthly rent from November 24, 2016 to January 15, 2018, Plaintiff A did not pay KRW 6,178,064 [=40,000 x 10,064 x 22/31 day) for the aggregate of monthly rent from November 24, 2016 to January 15, 2018].

Therefore, the defendant shall return to the plaintiff A the monthly rent of KRW 10,178,064, which the plaintiff A had not paid to the defendant at KRW 20,00,000,000, 9,832,836.

B. As the Plaintiff A paid KRW 134,200 as the deposit for management expenses from October 20, 2015 to January 15, 2018, the Defendant should pay the Plaintiff KRW 134,200.

C. On January 18, 2016, the vehicle that was parked on the first floor was destroyed due to the defect in the automobile damaged cost, and the Plaintiff paid KRW 900,000 for the vehicle repair cost on behalf of the Defendant. As such, the Defendant shall pay the Plaintiff KRW 90,000 to the Plaintiff.

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