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(영문) 서울중앙지방법원 2015.08.18 2014가단5271393

임대차보증금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 1, 201, the Plaintiff entered into a lease agreement with the Defendant on the third floor of Seocho-gu Seoul Metropolitan Government (hereinafter “instant real estate”) with regard to the lease deposit of KRW 200 million, monthly rent of KRW 10,000,000,000, monthly management expenses, and the lease term of KRW 22.40,000,000 from June 10, 201 to June 9, 2014 (hereinafter “instant agreement”). Article 19 of the instant agreement provides that “Where a lessee was unable to remove the lessee’s property or property by the expiration date of the lease contract, or the lessee was unable to restore the leased building to its original state, the lessee shall pay two times the ordinary rent and management expenses from the expiration date of the lease contract to the expiration date of the lease contract, as an amount of compensation for damages, raised from June 10, 2013 to the expiration date of the lease contract (hereinafter “instant special agreement”).

B. The Plaintiff paid KRW 200 million to the Defendant under the instant contract and used the instant real estate in delivery, and finally, concluded the instant contract with the Defendant on June 10, 2014, and ordered the Defendant to terminate the instant contract on June 27, 2014.

C. The Plaintiff paid all monthly rent and management expenses to the Defendant until May 31, 2014. On July 11, 2014, the Defendant, from June 1, 2014 to June 9, 2014, deducted total of KRW 39,200,000 for monthly rent from KRW 200,000 to KRW 39,200 for management expenses, and KRW 739,200 for monthly rent from June 10, 2014 to June 27, 2014; the aggregate of KRW 1,584,000 for monthly rent from June 10, 2014 to June 27, 2014 under the instant special agreement; the Defendant paid the Plaintiff total of KRW 2,956,80,00 for unjust enrichment and surcharges under the instant special agreement; and KRW 839,54,646,646,65,205,615.

[Grounds for Recognition] A. 1, A. 2-2, and B. 2-1.