(영문) 전주지방법원 2018.10.11 2017나7227 | 리걸엔진

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(영문) 전주지방법원 2018.10.11 2017나7227

임대차보증금

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1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. On December 5, 2008, the Plaintiff entered into a lease agreement with the Defendant on the first floor D (hereinafter “instant building”) of the 13,000,000,000 rental deposit, monthly rent of KRW 100,000, monthly rent of KRW 100,000, and the lease term of KRW 12 months from December 9, 2008 (hereinafter “the first lease agreement”).

B. Since then, the first lease contract was impliedly renewed, and the Plaintiff agreed with the Defendant on May 2010 to pay the Plaintiff KRW 6,000 per month water rate to the Plaintiff.

C. On December 15, 2010, the Plaintiff entered into a re-contract with the Defendant with the terms of KRW 18,000,000 for lease deposit, KRW 100,00 for monthly rent, and KRW 24 months for the term of lease (from January 5, 2011 to January 4, 201), and KRW 6,000 for water rate monthly (hereinafter “second lease contract”).

On December 3, 2014, the Plaintiff entered into a re-contract with the Defendant with the terms of KRW 18,00,000 for lease deposit, KRW 150,00 for monthly rent, and KRW 150,00 for lease term from December 3, 2014 to December 2, 2016 for lease of the instant building (hereinafter “third lease contract”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. At the time of concluding the third lease agreement, the Defendant promised to refund the lease deposit to the Plaintiff only one month prior to the conclusion of the third lease agreement, and on May 14, 2016, the Plaintiff would not provide the Defendant with the instant building.

In other words, after notifying the purport to terminate the instant lease contract, the director was on June 24, 2016.

Nevertheless, since the Defendant did not refund the lease deposit to the Plaintiff, the Defendant deducted the unpaid rent of KRW 1,050,000 from December 2, 2015 to June 2016 from the remaining lease deposit = 16,950,000.

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