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(영문) 대구지방법원 2019.01.09 2018나3180
보증금반환
Text

1. Of the judgment of the first instance, KRW 15,830,770 against the Plaintiff as to the Defendant and its related amount from October 18, 2016 to January 9, 2019.

Reasons

1. The reasoning of the judgment of this court is the same as the reasoning of the judgment of the court of first instance, and thus, it is acceptable to accept it in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The parties' assertion

A. The Defendant is obligated to return to the Plaintiff KRW 48,600,000 calculated by deducting the unpaid rent of KRW 11,40,000 from the Defendant’s KRW 28,371,516, as a result of the termination of the instant lease agreement, 20,28,484, which was paid by the Defendant.

B. Defendant 1) When using the leased object of this case, the Plaintiff damaged the retaining wall and the floor stones, entrances, etc. of the parking lot, and did not restore the leased object of this case to its original state pursuant to the instant lease agreement, and the Defendant spent KRW 8,939,00 as repair expenses or restoration expenses, which should be deducted from the lease deposit. 2) The Plaintiff unpaid the rent or management expenses as follows, and thus, should deduct KRW 16,360,000 from the lease deposit.

According to the above 20,00 won for September 2012, 1,000 won for April 2013, 200, 200,000 management expenses for October 2013, 280, 280,000 won for March 3, 2015, 3,650,000 management expenses, 20,000 won for January 20, 206, 206, 200, 36,00,000 won for 20,000,000,000 won for July 20, 2016, 36,00,00 won for 20,000,00 won for 36,00,00 won for 20,000,00 won for 20,000,00 won for 20,00 won for 36,06,000,00 won for 20.

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