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(영문) 수원지방법원 2015.08.20 2014가단536581
임대차보증금
Text

1. The defendant shall pay 21,950,000 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

Reasons

1. On May 31, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant with respect to the lease deposit of KRW 23 million and the lease deposit of KRW 23 million from June 9, 2012 to June 9, 2014 (hereinafter “instant lease agreement”) with the Defendant on May 31, 2012. The Plaintiff paid the Defendant the lease deposit of KRW 30 million to the Defendant, and received the instant house from the Defendant, and resided in the said house as of the closing date of pleadings. The instant lease agreement was terminated on June 9, 2014 because there is no dispute between the parties, and the Defendant is obligated to pay KRW 23 million to the Plaintiff, barring special circumstances.

2. As to the defendant's assertion and judgment, the defendant asserts that the total amount of KRW 1,50,000 for unpaid management expenses should be deducted from the lease deposit of this case to be refunded to the plaintiff. Thus, the plaintiff at the time of the lease of this case agreed to pay management expenses each 30,000 won per month to the defendant. The fact that the management expenses not paid by the plaintiff as of the closing date of the pleading of this case is not disputed between the parties, and therefore, the unpaid management expenses should be deducted from

Therefore, the defendant's argument is justified.

3. Accordingly, the defendant is obligated to pay the remaining lease deposit amount of KRW 2,1950,00 (=23 million - 1050,000) to the plaintiff after deducting the unpaid management expenses from the above lease deposit of KRW 23 million. Thus, the plaintiff's claim of this case is justified within the above recognition scope, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

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