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(영문) 인천지방법원 2020.02.13 2019나63624

보증금반환및공사대금

Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay 150,000 won to the plaintiff and its related expenses on September 22, 2018.

Reasons

1. Facts of recognition;

A. The Defendant leased the D Building E-dong Branch F (hereinafter “instant shopping mall”) to C by setting the deposit amount of KRW 25 million, monthly rent of KRW 1.5 million, and the period from February 15, 2015 to March 15, 2017.

C operated counter-convenives in the commercial building of this case.

B. Upon the termination of a lease agreement with C, the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with G on October 20, 2015, setting the deposit amount of KRW 25 million, monthly rent of KRW 1.5 million, and the period from October 31, 2015 to October 31, 2017.

G used the facilities installed by C and the interior as it is, thereby opening the door door in the commercial building of this case.

The plaintiff operated his business as G and Dong.

C. The instant lease agreement was terminated on March 7, 2018 by agreement between the parties.

In March 2018, the defendant requested G to restore the amount to its original state before the lease of C, and presented a written estimate (Evidence No. 3) which causes the amount to be 6 million won.

Until new lessees occur, the defendant deferred restoration to G, and suggested a draft agreement to keep 6 million won as a security for restitution.

Since then, around March 2018, the Defendant signed and sealed the Plaintiff’s written agreement (hereinafter “instant agreement”) as follows.

The Defendant signed and sealed the agreement of Gdo which received the instant agreement from the Defendant.

As the lease contract of this case is terminated on March 7, 2018, the Plaintiff (hereinafter referred to as “A”) and the lessee (hereinafter referred to as “B”) agree as follows.

The following:

1. Upon termination of a lease agreement, Eul must restore leased real estate to its original state and order Gap, but a new lessee shall be determined in consultation with Gap in order to reduce costs incurred in restitution.