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(영문) 서울중앙지방법원 2019.06.13 2017나85025

임대차보증금

Text

1. Of the part regarding the principal lawsuit in the judgment of the court of first instance, KRW 2,137,419 against the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. On November 28, 2016, the Plaintiff concluded a lease agreement (hereinafter “instant lease agreement”) with C, on which the third floor (hereinafter “instant leased building”) from among the buildings indicated in the attached Form, on behalf of the Defendant, shall be KRW 10,000,000, monthly rental deposit, KRW 1,000,000, monthly rental fee, and KRW 50,000, monthly management fee, and KRW 50,000, to lease for one year from December 10, 2016.

B. From December 10, 2016, the Plaintiff operated the instant leased building with the trade name “E” from the instant leased building. On April 17, 2017, the Plaintiff agreed to conclude the instant lease agreement with the firstman on the ground of noise and vibration of the rewing mold installed in a wing factory, as required by the Defendant on the ground of noise and vibration. By April 17, 2017, the instant leased building was set at a non-string intervals.

C. On April 17, 2017, the Plaintiff: (a) moved the salary supply site to another place; (b) carried out the instant leased building; and (c) on May 30, 2017, sent the key to the instant leased building to D, a nearby real estate brokerage assistant; and (d) notified the Defendant’s agent C of the fact that the key was discovered.

On April 4, 2017, the defendant returned 1,000,000 won out of the rental deposit, and did not return the remainder.

Accordingly, the Plaintiff applied for the order of lease registration as to the building indicated in the attached Form as Seoul Central District Court 2017Kao115 and issued a registration order accordingly on June 2, 2017. On June 15, 2017, the registration of the right of lease for commercial buildings stated in the counterclaim was completed upon the commission of the above court (hereinafter “instant lease registration”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1, 24, 26 (including provisional number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the principal lawsuit

A. Inasmuch as the instant lease contract was terminated according to the fact that the Defendant’s obligation to return the deposit was determined, barring any special circumstance, the Defendant is obligated to pay the Plaintiff KRW 9,00,000,000 in the remainder of the deposit.

B. The defendant's assertion of deduction or set-off.