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(영문) 서울중앙지방법원 2015.02.12 2014가합506169

보증금반환

Text

1. The Defendant’s KRW 27,027,00 for the Plaintiff and KRW 5% per annum from January 1, 2014 to February 12, 2015.

Reasons

1. The following facts may be found either in dispute between the parties or in accordance with Gap evidence 1 to 10 (including each number; hereinafter the same shall apply) and Eul evidence 4, taking into account the whole purport of the pleadings:

On December 20, 2013, the Plaintiff entered into a commercial lease agreement (hereinafter “instant lease agreement”) with respect to the second floor of the building in Gangnam-gu Seoul Metropolitan Government (hereinafter “Swon Development”), which is set forth in the lease deposit amount of KRW 150,00,000, monthly rent and management expenses (i.e., rent of KRW 6,80,000,000 management expenses for rent of KRW 1,390,000, value-added tax separately), from January 1, 2013 to December 31, 2013.

B. On July 16, 2013, the Defendant purchased the instant building from the Sejong Development, and completed the registration of ownership transfer on September 30, 2013, and succeeded to the lessor’s status under the instant lease agreement.

C. On December 10, 2013 and December 20, 2013, the Plaintiff notified the Defendant that the instant lease contract will not be renewed, and delivered the instant building to the Defendant on December 31, 2013.

The Plaintiff did not pay KRW 9,000 (including value-added tax) for rent and management expenses for the portion of December 2013 (including value-added tax), and the Defendant returned KRW 102,964,000,000 (including value-added tax), which deducts KRW 11,00,000 from the lease deposit 150,000,000 on March 5, 2014, in addition to the above KRW 9,009,000 from the lease deposit and management expenses for three months, and the remainder of KRW 11,00,000 from the total amount of the restoration expenses for the floor heating construction of the instant building (=150,000,000 - KRW 9,009,000 - 27,007,000,000 - 11,000,000).

E. The provisions pertaining to the instant lease agreement are as follows.

Article 2 (Term of Contract) (3) During the term of lease, a lessee may terminate this contract by giving written notice to a lessor three months in advance.

In such cases, the lessee shall be separately from the monthly rent as the amount equivalent to the rent for one month.