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(영문) 서울중앙지방법원 2013.12.24 2013가단119325
임대차보증금
Text

1. As to the Plaintiff KRW 50,000,00 and KRW 40,100,00 among them, the Defendant shall pay to the Plaintiff KRW 50,00,000 from January 1, 2013, and KRW 9,90,00.

Reasons

1.The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings at the entries or videos listed in Gap evidence 1 to 24-3 and Eul evidence 1-1 to 5:

On November 14, 2009, the Plaintiff agreed to rent KRW 20,000,000 as deposit money, monthly rent of KRW 2,100,000,000, and the period from November 30, 2009 to November 29, 201, the Plaintiff paid KRW 20,000,000 as deposit money, on the other hand, the Plaintiff operated the interior works, such as the collection of goods, air conditioners, etc., upon delivery of the instant commercial building.

After that, the Plaintiff concluded a lease contract again on December 2, 201 (hereinafter “instant contract”) with a view to extending the lease term, and concluded the lease contract, and the deposit amount of KRW 50,000,000, KRW 2,400,000 per month of rent, and the period from November 30, 201 to December 31, 201 shall be from November 30, 2011, and when the lease contract is terminated, the Plaintiff shall restore the commercial building in this case to its original state and return it to the Defendant. In such a case, the Defendant shall return the deposit money to the Defendant, and if there is a overdue rent or damages, the balance after deducting it shall be returned.

Accordingly, on December 26, 201, the Plaintiff paid KRW 30,000,000 to the Defendant. On December 20, 2012, the Plaintiff removed the instant shopping mall by deciding to abolish C on December 20, 2012. On December 31, 2012, the Plaintiff handed over one of the instant shopping malls without restoring to their original state.

In the meantime, the Defendant requested the Plaintiff to extend the deposit return due to the failure of a new lessee. Accordingly, an agreement was reached between the Plaintiff and the Defendant on the exemption from the duty to restore the deposit and the rate of delay damages for the refund of the deposit, and the agreement was eventually not reached. On September 29, 2013, the Defendant removed one tent, carter, and one wall from the cost of KRW 9,900,000 and restored to the original status.

2. The plaintiff and the defendant's assertion.

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