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(영문) 서울동부지방법원 2019.06.20 2018가단114106
임대차보증금
Text

1. The Defendant’s KRW 2,702,655 as well as the Plaintiff’s KRW 6% per annum from May 30, 2018 to June 20, 2019.

Reasons

1. Basic facts

A. On April 5, 2016, the Plaintiff entered into a lease agreement with the Defendant on the condition that the head of Gangdong-gu Seoul Metropolitan Government Branch D (hereinafter “instant store”) of the first floor D of the building C owned by the Defendant is to operate the safe guard by setting the lease deposit amount of KRW 50 million, monthly rent of KRW 2,475,000, and the period from April 12, 2016 to April 11, 2018 (hereinafter “instant lease agreement”). Article 8(2) and (3) of the said agreement provides that “if the contract is terminated, the lessee may arbitrarily remove and take over the leased object at the time of completion and return it to the lessor. If the lessee’s restoration and surrender is delayed, the lessor may claim for a separate agreement, such as compensation for damages and all expenses, etc., from the lease deposit, and at the time of shortage.”

B. After receiving the instant store from the Defendant, the Plaintiff changed the front glass door from one side to two centrals, and installed a mar structure, and operated a safe guard in the instant store.

C. Around March 2018, the Plaintiff sought an inquiry about the scope of restitution from the Defendant, prior to the expiration of the instant lease agreement term.

On April 4, 2018, the Defendant sent to the Plaintiff an e-mail accompanied by a photograph taken by the Plaintiff prior to the lease, as the title “I see a photograph after restoration to the original state”. On April 4, 2018, the Defendant visited the Plaintiff’s store around 20:30.

On April 5, 2018, the Plaintiff confirmed the above mail.

E. On April 10, 2018, from April 10, 2018 to April 13, 2018, the Plaintiff sent to the Defendant a certificate of content that “the Plaintiff shall return the deposit to the Defendant by the due completion of the restoration work, and return the deposit,” on April 13, 2018, the Plaintiff did not serve on the Defendant.

F. The Plaintiff via E up to April 15, 2018, “from April 13, 2018.”

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