beta
(영문) 서울남부지방법원 2021.01.21 2020나55280

기타(금전)

Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The purport of the claim and the purport of the appeal are the judgment of the first instance.

Reasons

1. The reasoning of the judgment of the court of first instance is as follows: ① (a) the part of the judgment of the court of first instance, i.e., the second sentence of the second sentence of the judgment of the court of first instance, 1-B, “wholly deposited the monthly rent, i.e., three pages 3 of the judgment of the court of first instance).” (b) the part of the judgment “wholly deposited the monthly rent, or most unfair profit equivalent to the monthly rent,” and ② the reasons for the judgment of the court of first instance 2-

C. 3) Except for the following additional determination, the fourth sentence of Paragraph 4 (No. 6 of the judgment of the court of first instance) (No. 3-12 of the judgment of the court of first instance) is identical to the reasoning of the judgment of the court of first instance, thereby citing it in accordance with the main sentence of Article 420 of the Civil Procedure Act.

“On the other hand, the Plaintiff and the Defendant agreed to settle the rent in arrears at the time of delivery of the object after the termination of the lease, so that the starting point of the statute of limitations for the overdue rent of the Plaintiff’s assertion should be April 17, 2019, that is, the time when the Plaintiff delivered the leased object and paid the deposit money after receiving delivery of the leased object. Therefore, in full view of the purport of the entire pleadings, the lessee shall restore the said real estate to its original state and return it to the lessor as of July 20, 2013, when the lease contract was terminated.

In such a case, although the lessor is aware that he/she has returned the deposit to the lessee, and that he/she has the overdue rent or damages, he/she shall remove them and refund the balance thereof. In light of the form and content of the above agreement that may be recognized by comprehensively considering the overall purport of pleadings in each statement of evidence Nos. 3, 6, and 8, and the progress and result of the previous lawsuit (Seoul Southern District Court Decision 2018Gadan229858) against the building of this case (Seoul Southern District Court Decision 2018Gadan2298), the above agreement is a lessee’s duty to return the building of this case at the time of the termination of the lease and the lease of this case, such as overdue rent, etc., by the Plaintiff, the lessor.