beta
(영문) 수원지방법원성남지원 2014.07.01 2014가단203280

임대차보증금반환

Text

1. The Defendant’s KRW 38,723,780 for the Plaintiff and KRW 5% per annum from October 16, 2013 to July 1, 2014.

Reasons

1. Basic facts

A. On February 2, 2012, the Plaintiff leased, from the Defendant on February 2, 2012, the amount of KRW 110,000,000 for monthly rent (the later payment on February 23, 2012), and KRW 50,000 for lease deposit, the amount of KRW 1601,00 from February 23, 2012 to February 23, 2014 (hereinafter “instant real estate”).

(hereinafter “Lease of this case”)

B. From October 2012, the Plaintiff did not reside in the instant real estate from October 2012, and demanded the Defendant to return the instant lease deposit.

Accordingly, on August 8, 2013, the Plaintiff agreed to bear expenses incurred in selling the instant real estate to the new lessee, and the Defendant, as the lessee, leased the instant real estate from August 14, 2013 to August 13, 2015, with the monthly rent of KRW 1.1 million and deposit of KRW 30 million (contract deposit of KRW 3 million).

(hereinafter referred to as “D lease agreement”). (c)

However, before August 13, 2013, the defendant paid D more than twice the down payment under the above D lease contract to D and terminated D lease contract.

On August 22, 2013, the Plaintiff notified the Defendant that the instant lease contract was terminated on August 14, 2013, and thus, the Plaintiff would return the lease deposit, etc.

The Plaintiff was the monthly rent of the instant lease from November 23, 2012, and was unpaid from November 23, 2012, and the sum of monthly rent unpaid until August 13, 2013 is KRW 10,656,00.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-5, the purport of the whole pleadings

2. The Plaintiff’s assertion that the instant lease agreement was terminated on August 8, 2013, when the Defendant concluded a lease agreement with D, a new lessee.

On the other hand, since the lease with D was commenced from August 14, 2013, the Plaintiff is obligated to pay only monthly rent to the Defendant from August 13, 2013 regarding the instant lease agreement.

Accordingly, the Defendant at the Plaintiff’s KRW 50 million from November 23, 2012 to August 13, 2013.