beta
(영문) 수원지방법원 2015.07.13 2013가합12054

임대보증금반환등

Text

1. The Defendant (Counterclaim Plaintiff) is indicated in the attached Table from April 10, 2015 to the Plaintiff (Counterclaim Defendant) from KRW 75,368,622.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On May 23, 2011, the Plaintiff entered into a lease agreement with the Defendant and the Defendant to lease each amounting to KRW 250,000,00 for the lease deposit, from June 1, 2011 to May 31, 2013 for the lease term, from June 1, 2011 to May 31, 201, for the monthly rent of KRW 5,000,00 for the monthly management fee, and for the monthly management fee of KRW 400,000 for the lease (hereinafter “instant lease agreement”). Around that time, the Plaintiff paid KRW 250,00,00 to the Defendant.

B. On June 1, 2011, the Plaintiff received delivery of the instant building and has operated the telecom with the trade name called the telecom up to now.

C. Around February 22, 2013, the Defendant sent to the Plaintiff a letter of notice demanding the Plaintiff to deliver the instant building as the lease term expires on May 31, 2013. On or around March 8, 2013, the Plaintiff issued a certificate demanding the Defendant to return the remainder after deducting the unpaid rent from the lease deposit upon the expiration of the lease term.

The Plaintiff paid KRW 84,470,00 to the Defendant as the rent and management expenses from May 23, 2011 to December 24, 2012, but did not pay the rent and management expenses thereafter.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 2-1, 2, Eul evidence 5 and 8, the purport of the whole pleadings

2. Judgment on the principal lawsuit and counterclaim

A. According to the facts of the premise, the Plaintiff received the instant building from the Defendant pursuant to the instant lease agreement, and paid KRW 250,000,000 to the Defendant. Since the instant lease agreement expired on May 31, 2013, the Defendant is obligated to return the lease deposit to the Plaintiff, barring special circumstances, and the Plaintiff is also obligated to deliver the instant building to the Defendant at the same time with the repayment of the lease deposit.