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(영문) 인천지방법원 2015.03.03 2014가단62687

임대차보증금

Text

1. The Defendant shall respectively indicate 1, 2, 3, 4 and 1 of the annexed drawings among the 133.62 square meters of the 1st floor of the building listed in the annexed sheet from the Plaintiff.

Reasons

1. Basic facts

A. On March 30, 2009, the Plaintiff entered into a lease agreement with the Defendant on KRW 7 million, monthly rent of KRW 350,000 (the 15th day of each month), and two years (from April 15, 2009 to April 15, 201) with respect to the store specified in the Disposition No. 1 of the Disposition No. 1 (hereinafter “instant store”) owned by the Defendant, and operated a computer repair specialist at the instant store by paying a lease deposit amount of KRW 7 million to the Defendant.

B. After the above lease was renewed under the same condition, the original Defendant agreed to increase the rent to KRW 420,000 per month from April 16, 2013, but did not set the term of lease.

(hereinafter “the lease of this case”). C.

On November 16, 2013, the Plaintiff, who was in arrears with the rent from the Defendant and received demand for the rent from the Defendant on February 27, 2014, demanded on March 31, 2014 that “I will leave the instant store until March 31, 2014,” and demanded the return of the lease deposit.

After suspending the use of the instant store, the Plaintiff kept the entrance locked and the key. On July 21, 2014, the Plaintiff received KRW 3,131,000, which the Defendant deposited as the repayment of the deposit for lease deposit.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 5 (including virtual numbers), Eul evidence 1 and 3, or the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the lease of this case was terminated on March 31, 2014. As such, the Defendant is obligated to pay to the Plaintiff the remainder 5.1 million won after deducting the delayed rent of KRW 1.89 million from November 16, 2013 to March 31, 2014.

B. The Defendant’s assertion that the lease of this case was terminated on May 26, 2014, when three months elapsed since February 27, 2014, when the Plaintiff expressed his/her intention of termination pursuant to Article 10(5) of the Commercial Building Lease Protection Act (hereinafter “Commercial Building Lease Protection Act”).