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(영문) 부산지방법원 2015.09.02 2014나20131
임대차보증금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. The Plaintiff, on March 28, 2005, leased the lease deposit amount of KRW 5 million, monthly rent of KRW 100,000 from March 28, 2005 to March 27, 2007 (hereinafter “instant lease contract”), and thereafter, the instant lease contract was renewed and maintained by the agreement of the original Defendant around May 2014, and the fact that the Plaintiff removed from the instant house on June 16, 2014 is either a dispute between the parties or by considering the overall purport of the pleadings as stated in the evidence No. 1, 2, and 3.

According to the above facts, the defendant is obligated to return the above deposit amount to the plaintiff upon the termination of the lease contract in this case, except in extenuating circumstances.

2. Judgment on the defendant's assertion

A. The summary of the argument 1) The original Defendant agreed to increase the monthly rent of KRW 100,00 from KRW 120,000 to KRW 120,00. The Plaintiff did not pay the remainder of KRW 3,360,000, excluding KRW 240,000,00 for the 28-month period from March of 2012 to June of 2014. As such, the said overdue rent, etc. should be deducted from the said deposit. (ii) The said overdue rent, etc. should also be deducted from the said deposit.

3) The Plaintiff’s unpaid cleaning cost of septic tanks, repair cost of the entrance door, etc. damaged by the Plaintiff, and the sum of KRW 1,000,000,00,000, such as waste cleaning cost that the Plaintiff left while her director, should also be deducted from the deposit. (B) Determination 1) There is no evidence to prove that the Defendant agreed to increase the rent for overdue rent, etc. from KRW 100,000 to KRW 1.20,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000.

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