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(영문) 서울중앙지방법원 2016.04.27 2015나42017

임대차보증금반환

Text

1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. From September 12, 2006 to September 30, 2008, Plaintiff 1,477,300 won (hereinafter “instant building”) entered into a lease agreement with Defendant to set forth 301 of the Gangnam-gu Seoul Building C (hereinafter “instant building”) as the lease deposit amount of KRW 15,00,000, monthly rent and management fee of KRW 1,47,30.

B. Plaintiff Chhee Construction Co., Ltd. (hereinafter “Chhee Construction”) concluded a lease agreement with the Defendant (hereinafter “instant lease agreement in the event that the lease agreement between the Plaintiffs and the Defendant is jointly referred to as “instant office”) with the term of lease from May 9, 2008 to September 30, 2008, the lease deposit amount of KRW 10,000,000, monthly rent and management fee of KRW 818,400 (hereinafter “the lease agreement between the Plaintiffs and the Defendant”).

C. On July 26, 2014, the Plaintiffs delivered the instant office to the Defendant.

On November 19, 2014, the Defendant deducted the monthly rent and management expenses and restoration expenses from the lease deposit to September 2014, respectively, and returned KRW 8,590,800 to the construction of a social gathering of friendship and the Plaintiff’s 6,226,40, respectively.

2. The parties' assertion

A. The Defendant asserted that the Plaintiffs should undertake remodeling construction around June 2014, and demanded the Plaintiffs to promptly deliver the instant office. Accordingly, the instant lease agreement was terminated by delivering the instant office to the Defendant around July 26, 2014.

Nevertheless, the defendant's lease deposit on August 2014 and

9. Monthly rent and management expenses, and restitution costs, 500,000 won were deducted, and only the remainder was refunded.

Therefore, the defendant was unfairly deducted on August 2014 and

9. The plaintiff 3,454,600 won, and the plaintiff 1.