(영문) 전주지방법원 2018.11.09 2017나14393

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(영문) 전주지방법원 2018.11.09 2017나14393

보증금반환금

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1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On March 23, 2012, the Defendant leased to C a lease deposit of KRW 20 million, monthly rent of KRW 950,000,000,000 from April 16, 2012 to April 15, 2014, a lease deposit of KRW 117.4 square meters (hereinafter “instant store”) of the 242.40 square meters above 242.40 square meters above the 2nd floor of the 5th floor of the 5th floor underground of the 2nd floor, Jeoncheon-gu, Jeonju-gu, Seoul.

B. Since then, C requested the Defendant to terminate the lease agreement, and the Defendant and C agreed on the above lease agreement on December 2012.

C. On the other hand, on December 26, 2012, the Plaintiff leased the instant store from the Defendant for two years from January 14, 2013 to January 14, 2015, by setting the lease deposit amount of KRW 30 million, monthly rent of KRW 1 million, and the lease term of the instant store from the Defendant.

(hereinafter “instant lease agreement”). The main contents of the instant lease agreement relating to the instant case are as follows.

Article 3 (Term of Lease Contract and Early Rescission)

1. The term of lease contract shall be from January 14, 2013 to January 14, 2015;

2. If the plaintiff fails to notify the other party of his objection to the extension of the term of the lease by 60 days prior to the expiration date of the term of the lease, it shall be extended by one year under the same conditions.

3. When the Plaintiff wishes to cancel the lease contract inevitably before the termination of the lease contract period, he/she shall notify the Defendant in writing prior to three months prior to the termination.

Article 10 (Refund of Rental Deposit)

1. Where the contract term expires or terminated, the Plaintiff shall restore the leased object to its original state after prior consultation with the Defendant, and shall refund the full amount of the deposit deposit to the Plaintiff on the same day as of the day when the establishment of chonsegwon, etc. for the preservation of the claim is terminated

Article 16 (Restoration to Original State and Specification of Rental Objects)

1. The Plaintiff’s contract term expires or terminated.

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