임대차보증금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The facts below the basis of facts do not conflict between the parties, or may be admitted as a whole in the entries in Gap evidence Nos. 1, 2, and 5, with the whole purport of the pleadings.
On April 4, 2016, the Plaintiff entered into a previous lease agreement between the Defendant and the Defendant on April 4, 2016, under which the five-story 502 (hereinafter referred to as “the instant leased object”) among the six-story buildings of Seocho-gu Seoul, Seocho-gu, Seoul (hereinafter referred to as “the instant leased object”) used the term of lease from April 4, 2016 to April 3, 2017; the lease deposit of KRW 10 million; the monthly rent of KRW 3 million; the management fee of KRW 220 million; and the location of the hospital was “D dental clinic.”
B. After that, on June 22, 2017, the Plaintiff entered into the instant lease agreement with the Defendant with the lease term of April 4, 2017 to April 3, 2019, the lease deposit of KRW 75 million, monthly rent of KRW 3.5 million, and the management fee of KRW 22,000. At that time, the Plaintiff paid the lease deposit around that time.
C. The instant dental clinic used 501 adjacent to the leased object of the instant case and the entrance thereto, and 501 had an “F dental clinic” operated by another dentist (E).
2. Assertion and determination
A. The gist of the Plaintiff’s assertion asserts that the Defendant violated the instant lease agreement on the following grounds, the Plaintiff terminated the instant lease agreement by serving the duplicate of the complaint, sought the return of KRW 75 million deposit, and also sought KRW 39,475,820 in total equivalent to the monthly rent and management fee that the Plaintiff paid to the Defendant in compensation for damages.
In addition, according to Article 623 of the Civil Act, the lessor is obliged to establish a separate entrance if necessary to the Plaintiff at the time of the instant lease agreement, and the lessor is obliged to maintain the necessary conditions for the use and profit-making of the leased object. The Defendant’s obligation to open the entrance is the duty to repair the leased object.