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(영문) 의정부지방법원 2019.02.19 2018가단125006

보증금반환

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1. The defendant,

A. Plaintiff A’s KRW 45030,000 and its related amount are 5% per annum from June 30, 2018 to February 19, 2019.

Reasons

1. Basic facts

A. From 2009, the Defendant, as a person holding E building on the land and above the Do Government-si and one parcel, leased the 1st floor of the above building (hereinafter “instant store”) to the beauty room.

The lessee of the annual lease contract for the store of this case is as follows:

(A) No. 1 and B. Terms and conditions of the contract of the lessee shall be 50 million won per month on September 4, 2009; 270 million won per month on April 19, 2010; 60 million won per month on June 15, 2011; 60 million won per month on June 5, 201; 60 million won per month on June 5, 201; 60 million G deposit on June 21, 2013; 60 million won per month on June 21, 2013; 60 million won per month; 60 million won per month on February 15, 2014; 60 million won per month on February 15, 2014; 60 million won per month on June 27, 2015; 600,605.6 million won per month on June 25, 2015;

B. In common, each of the above lease contracts stipulated, “if the lease contract is terminated, the lessee shall restore the above real estate to its original state and return it to the lessor.”

C. On June 29, 2018, the Plaintiffs returned the key to the instant store to the Defendant.

【Ground for Recognition: A without dispute, Gap evidence 1, Eul evidence 1-7

2. Plaintiff A’s claim

A. The summary of the claim of KRW 1,50,000,000, the Defendant leased the instant store to the Plaintiff, and caused interference with the Defendant’s beauty room business by making water supply smooth from June 2017. Accordingly, on April 9, 2018, notified the Defendant of the termination of the lease contract on the ground of lessor’s nonperformance of obligation, and issued the key to the instant store to the lessor on June 29, 2018.

Nevertheless, the defendant did not return the lease deposit with the issue of restitution.