beta
(영문) 서울중앙지방법원 2016.11.11 2015가단17362

보증금반환

Text

1. The Defendant’s KRW 33,500,000 as well as 5% per annum from December 2, 2014 to November 11, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On July 16, 2014, the Plaintiff leased from the Defendant the 35,000,000,000, monthly rent of KRW 800,000, and one year, the term of the contract for the lease of the store in C (hereinafter “instant store”).

B. The Plaintiff and the Defendant agreed on November 30, 2014.

C. On December 1, 2014, the Plaintiff delivered the instant store to the Defendant.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the lease deposit amount of KRW 35,000,000 and damages for delay.

3. Judgment on the defendant's defense

A. The plaintiff has damaged the defendant's reputation and interfered with his business. The plaintiff agreed to pay KRW 5,00,000 upon the defendant's reputation, and even if not, it is obligated to pay 10,000,000 to the defendant as consolation money due to defamation, and it is obligated to pay 30,000,000 won as consolation money due to interference with business.

Therefore, the principal of the Defendant’s damage claim against the Plaintiff is offset against the Plaintiff’s claim for return of the lease deposit against the Defendant.

B. Comprehensively taking account of the overall purport of the pleadings in evidence Nos. 6 and 8 (including a serial number; hereinafter the same shall apply) of the judgment, the Plaintiff, even though around November 2014, the Plaintiff did not refund the deposit to the occupant company upon cancelling the contract with the occupant company, the Plaintiff’s reputation was undermined by openly pointing out false facts to D, etc., stating that “C president is unable to pay the deposit to the occupant company due to lack of money,” and on December 2, 2014, on the ground that the Defendant was not yet able to receive the deposit from the Defendant at the sugar shop directly operated by the Plaintiff at around 14:00 of December 2, 2014 after the Plaintiff’s business was closed, the Plaintiff set up the goods on the upper half of the store as its floor and set off a croding with the Defendant.