logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.09.18 2014가합62225
임대차보증금등반환
Text

1. The Defendant’s KRW 429,703,220 as well as 5% per annum from December 25, 2014 to September 18, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 1, 2012, the Plaintiff concluded a lease agreement with the Defendant, setting the lease deposit amount of KRW 430 million and the lease deposit period of KRW 130 million from October 10, 2012 to October 9, 2014.

(hereinafter “instant lease agreement”). B.

On September 1, 2012, the Plaintiff paid the lease deposit amount of KRW 430 million and KRW 387 million remaining on October 10, 2012 as each lease deposit, and paid KRW 430 million in total (hereinafter “the lease deposit in this case”).

C. The Plaintiff returned leased object: (a) around November 22, 2014 or around November 26, 2014, left part of the instant apartment; (b) moved from the instant apartment as C apartment 72 and 1301; (c) on December 19, 2014, the Plaintiff registered the right of lease on the instant apartment; and (d) on December 24, 2014, left the instant apartment at the apartment guard room and notified the Defendant of the key of the instant apartment as a mobile phone text message after deducting all the remaining keys in the instant apartment. On December 26, 2014, the Defendant recovered the key of the instant apartment from the apartment management room on December 26, 2014.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1, 3 through 5 (including branch numbers; hereinafter the same shall apply), entry of Eul 1, 2, 6 through 8, and 28, and the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, it is reasonable to view that the instant lease agreement terminated on October 9, 2014 with the expiration of the lease term, and that the Plaintiff delivered the instant apartment to the Defendant on December 24, 2014, barring any special circumstance, the Defendant is obliged to pay the Plaintiff the lease deposit amount of KRW 430 million and delay damages.

3. Judgment on the defendant's defense, etc.

A. The defendant's argument that the deduction claim is asserted by the first defendant, ① the plaintiff's management expenses amounting to KRW 2,200,040.

arrow