임대차보증금 반환 청구의 소
1. The Defendant: KRW 42,070,934 for the Plaintiff and KRW 5% per annum from September 29, 2018 to November 16, 2018; and
1. On February 13, 2001, the Plaintiff leased a general restaurant of the first floor of Seocho-gu Seoul Metropolitan Government D Commercial Building (the instant building) from C and operated the restaurant.
As the Defendant becomes the co-owner of the above commercial building on September 2003, the Plaintiff and the Defendant entered into a lease agreement on the building of this case on October 8, 2003, and on September 29, 2016, the lease agreement was concluded between the Plaintiff and the Defendant as of September 8, 200, and the last day of September 29, 2016, the lease agreement was entered into as of October 22, 2000, monthly rent of KRW 3,300 (excluding value-added tax), management expenses (excluding value-added tax), and the lease period of KRW 3,400 (excluding value-added tax).
After that, when the defendant requested delivery of the building in this case for remodeling commercial buildings, the plaintiff returned the key to the building in this case to the building manager on September 28, 2018.
[In the absence of dispute, Gap 1, 2, 3, 6, Eul 3]
2. The assertion and judgment
A. The Plaintiff’s assertion: the Defendant is obligated to refund KRW 42,070,934, which was deducted from KRW 45,000 of the deposit, KRW 20-day rental fee, KRW 2584,266 of the Plaintiff’s 20-day rental fee, KRW 44,800 of the management fee for the month from July to August 2018, and KRW 300,000 of the signboard removal cost installed by the Plaintiff (which was not deducted in the purport of the claim but was recognized by the Defendant’s assertion).
The part for which the Defendant asserts that the restoration was not performed is not subject to restitution since the Plaintiff existed from the time when the Plaintiff first leased the instant building from C and the Defendant.
Defendant: The Plaintiff did not pay the rent for one month (which shall be adjusted for one month as to the unpaid rent for 20 days) and the total of 4,302,00 won for three months.
On November 2006, the main extension is not originally existed, but is illegally installed and used for restaurant business by the defendant, so the defendant must restore it to its original state, and the cost of restoration to its original state is 17,375,400 won in total.
Therefore, the deposit to be returned by the defendant is 23,322,600 won.
(b).