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(영문) 청주지방법원 2021.01.14 2020가단32527
보증채무금
Text

1. The defendant paid KRW 58,737,540 to the plaintiff and 5% per annum from June 16, 2020 to January 14, 2021.

Reasons

1. Facts of recognition;

A. On May 22, 2017, the Plaintiff entered into a lease agreement with the Defendant on the fourth floor of the building located in Seongbuk-gu Daejeon (hereinafter “instant lease agreement”) with the deposit money of KRW 60,00,000, monthly rent of KRW 3,326,500, and the period from June 16, 2017 to June 15, 2020, and moved into the instant lease agreement (hereinafter “instant lease agreement”) and paid the deposit in full.

B. The Plaintiff delivered the leased portion of this case to the Defendant on June 15, 2020 upon the termination of the instant lease agreement.

[Ground of recognition] Unsatisfy, Gap evidence No. 1, Gap evidence No. 3-1 to No. 4, the purport of the whole pleadings and arguments

2. Determination:

A. According to the above facts finding as to the cause of the claim, since the lease contract of this case terminated upon the expiration of the term and the Plaintiff delivered the leased part of this case to the Defendant, the Defendant is obligated to pay the Plaintiff the lease deposit amount of KRW 60,000,000 and the delayed damages, barring any special circumstance.

B. The defendant's assertion 1) The defendant asserts that since the plaintiff did not pay the total of KRW 1,262,460 of the management expenses for the portion of June and KRW 867,680 for the portion of July and KRW 394,780 for the management expenses for the portion of July, the above amount should be deducted from the lease deposit.

In the lease contract, the deposit for lease shall guarantee all the obligations of the lessee with respect to the lease arising from the time the object is delivered to the lessor after the termination of the lease contract.

Therefore, the amount equivalent to the secured obligation is naturally deducted from the security deposit without a separate declaration of intention when the secured obligation is returned after the termination of the lease relationship, so the lessor is obligated to return only the remainder after deducting the secured obligation from the security deposit to the lessee, except in extenuating circumstances.

In addition, while the lessee uses and benefits from the leased object, the management fee, electricity fee, etc. incurred in relation to the leased object.

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