beta
(영문) 대전지방법원 2016.05.12 2015가단17354

임대차보증금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 25, 2010, the Defendant, the owner of the building indicated in the separate sheet (hereinafter “instant building”) entered into a lease agreement with the Plaintiff, setting the lease deposit amounting to KRW 5,00,000,000 with respect to the underground multi-section 115.20 square meters of a building listed in the separate sheet (hereinafter “instant store”) as KRW 5,000,000, the lease deposit amounting to KRW 24 months from January 25, 2010, the monthly rent of KRW 300,000, and entertainment year of KRW 250,000, and the Plaintiff entered into a lease agreement with the name “C” at the instant store.

The main point was opened and operated.

B. On January 25, 2012, the Defendant concluded a lease agreement with the Plaintiff by setting the lease deposit amount of KRW 5,000,000 for the instant store, monthly rent of KRW 300,000, monthly rent of KRW 250,000 for entertainment tax, and the lease term of KRW 250,00 for January 25, 2012.

(hereinafter “instant lease agreement”). C.

On October 29, 2013, the Defendant sent to the Plaintiff a certificate of claim for the delivery of the instant store by January 25, 2014 on the ground that the term of the instant lease expires, and reached the Plaintiff around that time.

Accordingly, on October 31, 2013, the Plaintiff asserted that he/she had the right to use and benefit from the instant store until January 25, 2015, and sent a certificate of refusal to deliver the instant store to the Defendant. The Defendant recognized the Plaintiff’s use and benefit from the instant store until January 25, 2015, and the instant lease contract was terminated on January 25, 2015.

The Plaintiff paid monthly rent and monthly entertainment tax to the Defendant until January 25, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 and 2, the purport of the whole pleadings

2. Determination on the Plaintiff’s claim for necessary expenses

A. Plaintiff’s assertion summary

In operating main points, the existing facilities of the building have to be repaired due to flooding and water leakage, and due to this, the cost of KRW 6,255,00 (necessary cost) has been required.

B. In determining one lease contract, the lessor is in a condition necessary for the use and profit-making of the subject-matter of the contract while maintaining the contract.