(영문) 서울중앙지방법원 2018.07.20 2017가단5140308

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(영문) 서울중앙지방법원 2018.07.20 2017가단5140308

임대차보증금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On March 30, 2015, the Plaintiff leased from the Defendant the third floor 301 of the Gangnam-gu Seoul Building (hereinafter “instant real estate”) owned by the Defendant on the following terms:

(이하 ‘이 사건 임대차계약’이라고 한다). ◆ 임대차보증금 : 8,000만 원 ◆ 월 차임 : 465만 원(부가가치세 별도) ◆ 월 관리비 : 155만 원(부가가치세 별도) ◆ 임차기간 : 2015. 4. 18.부터 2017. 4. 17.까지 ◆ 계약서의 주요 내용은 아래와 같다.

Article 11:Refund of Lease Deposit

1. When this contract is terminated or terminated, the lessee of the building that leased the leased property shall restore the leased property to its original condition, namely, order the lessor to do so, and the lessor shall refund the remainder of the lease deposit after deducting all the costs and obligations to be borne by the lessee within a period not exceeding one month from the date the lessee ordered the leased property.

Article 18: When a lease contract is terminated, the original restoration of which has become terminated due to the expiration of the term of the contract, the termination of the contract, or any other cause, the lessee shall, without delay, order the lessor to order the object of the lease pursuant to the following subparagraphs:

1. The lessee shall restore the leased object, structure, etc. to its original state at the lessee's expense, if any (including any change without approval, if any) has been changed under the approval of the lessor;

Article 19: Where the contract is terminated early due to the reasons of the lessee for early termination, the lessee shall seek a new lessee at the expense of the lessee.

In addition, it is possible to cancel the lease contract after entering into a new lease contract with the approval of the lessor.

Where damage occurs to a lessor due to early termination, the lessee shall be responsible for the lessor and compensate for all the damage of the lessor, and if the lessee is unable to seek a new lessee, the lessee shall be the rent, management fee, and expenses until the maturity of this lease

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