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Reasons
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(영문) 부산지방법원 2017.12.13 2016가단46754
임대차보증금반환
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1. The Defendant (Counterclaim Plaintiff) paid KRW 38,364,883 to the Plaintiff (Counterclaim Defendant) and its related amount from August 26, 2016 to December 13, 2017.

Reasons

1. Deposit of KRW 50,000,000 for deposit of KRW 50,000,000 for deposit of March 30, 2016 (1 year) - March 29, 2015 (4 months) - 4,800,000 for the lease of all the 2,3rd and fourth floor of facts;

A. On March 5, 2015, the Defendant entered into a lease agreement with the Plaintiff on the 6th floor of Busan Seo-gu B (hereinafter “instant building”), which was owned by the Defendant, by dividing the 2, 3, and 4 floors as follows:

B. The Plaintiff used the 2 and 3th floor of the instant building as a model bar, used the 4th floor as an office, and agreed with the Defendant to extend the contract term for the 4th floor for two months.

C. On September 29, 2015, the Plaintiff handed over the foregoing fourth floor to the Defendant on March 29, 2016, and the above second and third floors on March 29, 2016.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2-1, 2-2, Eul evidence 3-1, Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the plaintiff's assertion of the cause of the principal claim, since it is recognized that the plaintiff delivered the whole 2, 3, and 4 stories of the building of this case, which is the object of lease, to the defendant after the expiration of each lease term, the defendant is obliged to pay the total amount of 60,000,000 won to the plaintiff.

B. As to the Defendant’s defense and counterclaim claim, the Plaintiff is obligated to pay the Defendant a total of KRW 120,675,117,00,00, which is equivalent to restitution costs of KRW 15,40,00, KRW 103,840,00, and KRW 1,435,117, such as unpaid management costs and electricity charges of KRW 1,435,117, etc. The Defendant’s defense and counterclaim claim amount of KRW 60,675,117, which the Defendant is obligated to pay the Defendant a total of KRW 60,675,000,00, and the Defendant’s deposit amount of KRW 60,675,117 ( KRW 120,675, KRW 117,60,00,000) and delay damages therefrom.

(2) The judgment on the cost of restitution (A) is that the Defendant did not perform the duty to restore the leased object.

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