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(영문) 서울북부지방법원 2018.11.27 2018가단7822
임대차보증금
Text

1. At the same time, the Defendant received 4 square meters from the Plaintiff among the buildings listed in the separate sheet from the Plaintiff, at the same time, 35.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as indicated in the evidence evidence No. 1, the Plaintiff entered into a lease agreement with the Defendant on June 25, 2015 with respect to the 4th square tower among the buildings listed in the attached Table, which are owned by the Defendant, and the period from July 22, 2015 to July 21, 2017, with the payment of the lease deposit at the time of the lease deposit, and the possession of the said building is being handed over; the said lease expires upon expiration of the period; the ownership transfer registration was completed in the name of C on February 13, 2018; and the Plaintiff was returned from the Defendant on March 23, 2018.

According to the above facts, the plaintiff and the defendant can be found to have decided to terminate the lease due to the expiration of the lease term, so the defendant is obligated to pay the plaintiff the remainder of 36,00,000 won after deducting 4 million won already paid out of the lease deposit from the plaintiff as well as the delivery of 4 square meters from the building listed in the attached list from the plaintiff.

2. The defendant's assertion

A. On October 2017, 2017, other Vietnames, who charged the above rooftop with the Plaintiff’s assertion, destroyed the entrance door of the above building. The Plaintiff, as a lessee, did not comply with the duty of due care to ensure that the lessee does not properly use the above rooftop tower and the entrance door, etc., and thus, did not comply with it. (2) According to the video of No. 7 and witness D’s testimony, the determination of the repair cost for the above door door damage should be made to the Defendant. (2) According to the following: (a) the person who appears Vietnam around October 2017, the entrance door of the above building was destroyed; (b) the locker part of the present door was destroyed; and (c) the Plaintiff replaced the building with a new door around May 2018.

A person who destroys the above entrance shall be from the plaintiff or his family or at least the plaintiff.

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