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(영문) 서울남부지방법원 2016.08.10 2015가단244856

보증금반환

Text

The defendant shall pay to the plaintiff KRW 22,398,411 as well as 5% per annum from December 1, 2015 to December 28, 2015, and the next day.

Reasons

Facts of recognition

On September 5, 2011, the Plaintiff leased 396 square meters (hereinafter “instant factory”) out of 2244 square meters of C building 2, 701 ground factories 2244 square meters (hereinafter “instant factory”) from the Defendant on September 5, 201, the Plaintiff leased the instant factory from September 30, 201 to September 29, 2013, and paid KRW 36,000,000 as lease deposit.

(hereinafter “First Agreement”). After that, the original Defendant concluded a lease agreement with the term of lease from September 30, 2013 to September 29, 2014 (hereinafter “Second Agreement”); on September 30, 2014, the term of lease from September 30, 2014 to March 30, 2015 (hereinafter “third Agreement”); and on March 30, 2015, the original Defendant also approved the lease agreement with the Plaintiff with the intent to extend the term of lease for six months (hereinafter “third Agreement”); and on March 30, 2015, the term of lease expires, the Defendant also agreed that the Plaintiff will extend the term of lease.

(hereinafter “The fourth contract”) around October 31, 2015, the Plaintiff left the key to E operating the neighboring convenience store upon the request of Defendant Employees D. On several occasions, E lent the key to real estate brokers, etc.

On November 2015, the Plaintiff removed all the goods in the instant plant and removed them from the original state.

The terms and conditions of the first contract are as follows: “If the plaintiff fails to express his/her intention four months prior to the expiration of the lease period, the contract is automatically extended; the terms and conditions of the second contract are as follows; “after the completion of the lease period, to be transferred to him/her;” and the terms and conditions of the third contract are written as follows: “If the third contract is not renewed upon the completion of the lease period, the subsequent contract is entered as being transferred (2 months before and after the expiration of the contract) in response to the agreement with the lessee.”

According to the defendant's Customer Director, the unpaid rent, management fee, and the balance of the electricity fee by November 30, 2015 are 9,484,830 won in total.

[Grounds for recognition] In light of the fact that there is no dispute, Gap 1, 2, 4, Eul 1 through 3, and the fact that the court below acknowledged the purport of the whole pleadings, the original defendant.