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(영문) 수원지방법원 2021.03.31 2019가단542055

임대차보증금

Text

1. As to KRW 51,911,110 and KRW 48,400,00 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 51,91,110.

Reasons

1. Facts of recognition;

A. On June 22, 2017, the Plaintiff entered into a contract with the Defendant on the lease deposit amount of KRW 70 million, monthly rent of KRW 3 million (excluding value added tax), and from July 14, 2017 to July 14, 2019, the lease period of which was determined by the Defendant as the lease period of KRW 996 square meters and the facilities for storing and treating dangerous substances from the above ground steel bars (hereinafter “instant contract”).

B. The Plaintiff paid a lease deposit of KRW 70 million to the Defendant, and used the instant gas station upon delivery. Before the lease period expires, the Plaintiff completed the preparation to return the gas station of this case and completed the contract to the Defendant on July 3, 2019 and July 10, 2019, “The Defendant on July 12, 2019” and then visited the Defendant by no later than July 12, 2019 and received the transfer order.

“The Plaintiff sent the mobile phone text message to the Defendant (on June 5, 2019 and June 25, 2019, the Plaintiff at the Defendant’s address as indicated in the lease agreement)” and the Plaintiff returned the leased object as the Plaintiff did not intend to extend the contract with respect to the said gas station and return the leased object on the date of termination of the contract. At the same time, each of the instant items sent to the Defendant with verifying the contents of the contract, but the said items did not arrive at the Defendant). However, the Defendant asserted that the contract was implicitly renewed, and did not comply with this.

Accordingly, on July 14, 2019, the expiration date of the contract term, the Plaintiff was withdrawn from the above gas station.

The defendant was delivered the above gas station on July 14, 2020 on which the lawsuit of this case was pending.

(c)

On July 14, 2019, the Plaintiff managed the gas station until the Defendant is under the actual delivery of the gas station even after it was completed at the gas station.

In the process, the plaintiff is charged for the safety management of the above gas station (ADT closures, communication costs, electricity charges, etc.).