(영문) 인천지방법원 2018.04.05 2017나65893

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(영문) 인천지방법원 2018.04.05 2017나65893

임대차계약금반환

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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On August 11, 2016, the Plaintiff entered into a lease agreement with the Defendant on the instant real estate No. 203 (hereinafter “instant lease agreement”) with respect to Non-Acheon City Building No. 203 (hereinafter “instant real estate”) owned by the Defendant, and the main contents are as follows:

1) Lease deposit: The remainder of KRW 3 million (payment and receipt at the time of a contract) : 7 million won (payment date: September 5, 2016): 1 million won (payment date: 25 days after September 5, 2016) term: the lessor shall deliver the said real estate to the lessee by September 26, 2016, and the lease period shall be 24 months from the delivery date until September 25, 2018, when the lessee pays the intermediate payment (payment and receipt at the time of a contract): The lessor shall reimburse the remainder before paying the intermediate payment (payment) to the lessor; and the lessee may waive the contract by waiver and rescind the contract.

7) Non-performance and damages: Where a lessor or lessee has failed to fulfill the terms and conditions of this contract, the other party may demand in writing the person who has failed to perform the contract and rescind the contract. The parties to the contract may respectively claim damages from the other party, and the contract deposit shall be deemed as the basis for compensation for damages, unless otherwise agreed upon: the contract in the present condition of the facility and the cost of removal shall be deducted from the first rent after mutual agreement.

B. The instant real estate remains without restoring to its original state the existing facilities used by the former lessee. At the Plaintiff’s request, the Defendant partially carried out the removal work of the existing facilities, such as interior partitions and Sejong gate on August 19, 2016 and on the 20th of the same month, and paid KRW 1950,000 in total at the expense.

C. Meanwhile, from August 19, 2016, the Plaintiff’s instant case is on the ground of the Defendant’s nonperformance of obligation.

유사 판례

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-인천지방법원 2016.01.27 2014가합14425

-춘천지방법원 2017.06.07 2016가단4771