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(영문) 서울북부지방법원 2015.05.12 2015가단3898

보증금

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1. The Defendant’s KRW 50,000,000 and its amount shall be 4.5% per annum from September 7, 2014 to December 10, 2014 to the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. The Defendant shall refund the deposit of KRW 50 million to the Plaintiff by November 7, 2014, and shall pay the Plaintiff the deposit of KRW 50 million plus the interest of KRW 4.5% per annum from September 7, 2014 to November 7, 2014.

The store in this case is closed as of September 7, 2014, and the name of the store shall be returned at the time of return of the deposit.

(1) On August 30, 2014, the Plaintiff leased the first floor of the building C (hereinafter “instant store”) located in the Defendant-owned, and operated the clothing store under the trade name “D,” the lease deposit amount of KRW 50 million. On August 30, 2014, the Plaintiff agreed with the Defendant as follows (hereinafter “instant agreement”).

(2) Afterward, the Plaintiff closed the instant store and delivered it to the Defendant.

Accordingly, the Defendant leased the present store to another lessee as it is, except for the signboard, so far as it is, and let him operate the business in the name of "E".

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

B. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 50,000,000 won per annum from September 7, 2014 to December 10, 2014, which is the service date of the original copy of the instant order from the date of service of the original copy of the instant order, 4.5% per annum, which is the agreed interest rate, and 20% per annum from the next day to the date of full payment.

2. Judgment on the defendant's assertion

A. The defendant's assertion that the plaintiff removed the outer wall and changed the entrance in order to connect the store to the next commercial building in the operation of the store of this case, and there is no obligation to pay the lease deposit until the plaintiff performs the duty of restoration.

B. (1) Determination is not only required to transfer the possession of the real estate used by the lessee to the lessor, but also to cooperate so that the lessor can use the real estate again in line with the purpose of the lease at the time of lease.