보증금반환
The judgment of the court below is reversed, and the case is remanded to Suwon District Court Panel Division.
The grounds of appeal are examined.
1.(a)
The lower court acknowledged the following facts.
1) On November 30, 2013, between F and F on behalf of the Defendant, the Plaintiff leased the instant commercial building owned by the Defendant to the Plaintiff from December 1, 2013 to June 30, 2017 (hereinafter “instant lease agreement”).
(2) Upon the termination of the contract, Article 9(2) of the instant lease agreement provides that “The lessor shall return the lease deposit to the lessee, and the amount shall be the amount calculated by deducting all the obligations of the lessee arising from the lease, such as the overdue management fee, etc.” In addition, Article 12 provides that “When moving to a commercial building or a commercial building adjacent to the commercial building located in the foundation site newly constructed after the lease, the lessee shall be guaranteed the right of priority, and the lessor shall bear the expenses incurred in the interior of the building.” The foregoing provision provides that “The lessor shall bear the expenses of the interior cost of KRW 10 million for the current leased building separately by the lessee.”
3) Around December 10, 2013, the Plaintiff paid to F, representing the Defendant and the Defendant, a sum of KRW 50 million, including KRW 10 million, and KRW 10 million, and was handed over the instant commercial building around that time. (4) The Plaintiff agreed to terminate the instant rental contract with the Defendant, and transferred the instant commercial building to the Defendant, and then transferred the instant commercial building to a new neighboring building on December 31, 2014. The Plaintiff did not pay a monthly rent while the instant commercial building was handed over.
B. The lower court determined as follows based on the foregoing facts.
1. The lease contract of this case provides that the lease deposit is KRW 50 million, and the lease deposit shall be returned at the time of termination of the contract by the lessor. Thus, 50 million won paid by the Plaintiff, not at the time of termination of the contract, should be returned by the Defendant, rather than at the time of termination of the contract.