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(영문) 대구지방법원 서부지원 2018.11.27 2018가단50380
임대차보증금등
Text

1. The Defendant’s KRW 1,898,517 and KRW 975,687 among the Plaintiff’s KRW 6% per annum from January 31, 2018 to November 27, 2018.

Reasons

1. The following facts of recognition may be found either in dispute between the parties or in full view of the entries in Gap evidence Nos. 1, 2, and 3 and the purport of the entire pleadings:

On April 23, 2014, the Plaintiff, from the Defendant on April 23, 2014, leased a two-story factory of the steel-frame C, the 1st, the 2nd, the 4th, the 4th, the 52,00,000, the 5,200,000, the monthly rent (excluding value-added tax), and the 5,200,000, the lease period from May 1, 2014 to April 30, 2016.

B. On November 19, 2015, the Plaintiff: (a) decided to lease a 2-dong general steel structure plate factory from the Defendant on November 19, 2015; (b) the 3-dong general steel structure plate factory; and (c) the 4-dong factory building (hereinafter “instant factory”) with the lease deposit amount of KRW 105,00,000; and (d) the difference between the 10,500,000 won and the 10,500,000 won (excluding value-added tax) from December 1, 2015 to November 30, 2017 (hereinafter “instant lease agreement”).

C. On December 4, 2017, the Plaintiff notified the Defendant of the restitution and delivery of the instant factory to the Defendant, and thus, the Plaintiff notified the refund of the lease deposit.

2. Determination

A. According to the above facts, the instant lease contract was terminated on November 30, 2017, and thus, barring any special circumstance, the Defendant is obligated to return KRW 105,000,000 to the Plaintiff, barring any special circumstance.

As a result of the appraisal of appraiser D in this court, in full view of the overall purport of the arguments, the plaintiff used the leased object and incurred 34,920,800 won as shown in attached Table 2 in restoring it to the original state, and the fact that the repair work for restoration to the original state requires 24.5 days.

Therefore, the above 34,920,800 won and 9,432,500 won (x 24.5 days/30 days) should be deducted from the lease deposit.

As to this, the Plaintiff.

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