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(영문) 대구지방법원 2015.02.06 2014가단22052

임대차보증금

Text

1. The defendant shall pay 30,000,000 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

Reasons

1. Basic facts

A. On February 2, 2009, the Plaintiff leased a 261.35 square meters underground floor (hereinafter “the lease of this case”) among the buildings located in Daegu-gu D, Daegu-gu, for a term of two years (hereinafter “the lease between the Plaintiff and the Defendant”), among the buildings located in D, from the Defendant, under the name of his wife, and operated a dance institute with the trade name “E” (hereinafter “the dance institute of this case”).

B. The Plaintiff had renewed the instant lease agreement with the Defendant on a two-year basis. On March 6, 2013, the Plaintiff, from February 2, 2013 to February 1, 2015, set the lease deposit amount of KRW 30 million and KRW 300,000 per month.

C. On April 4, 2014, the Plaintiff discontinued the dance institute of this case.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap evidence 1 through Gap evidence 5 (including additional number, if any; hereinafter the same shall apply), the purport of whole pleadings

2. The parties' assertion and judgment

A. 1) The Plaintiff asserts that there was water leakage in the instant dance institute from June 2013, and sought payment of the money stated in the purport of the claim against the Defendant. A) The Plaintiff terminated the instant lease agreement on the grounds of nonperformance of the Defendant’s repair obligation.

Therefore, the defendant has the duty to refund the lease deposit.

B) The Plaintiff could not normally operate the instant dance institute due to water leakage, and was closed on April 4, 2014. Accordingly, the sales damage therefrom was KRW 38,300,247. In other words, the Plaintiff showed operating damage at least KRW 1 million per month during the nine months from June 2013 to April 4, 2014, and 3,255,583 won per month during nine months from April 5, 2014 to February 1, 2015 (statistical income was damaged).

The plaintiff asserts that the "sports and recreation-related service business" should be calculated on the basis of statistical income corresponding to male career workers for not less than five years in accordance with the report on the actual status of work by employment type.

(b).