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(영문) 수원지방법원 2016.04.27 2015나30890
임차보증금반환
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Determination as to the cause of claim

A. On June 12, 2013, the Plaintiff, on June 12, 2013, has a store of 101 square meters (hereinafter “instant office”) among the above-ground commercial housing B, the Defendant and Chungcheongbuk-gun, Chungcheongnam-gun.

) A lease agreement is concluded between June 12, 201 and December 11, 2013 (hereinafter “instant lease agreement”) setting the lease deposit amount of KRW 5,000,000, monthly rent of KRW 600,000, and the lease period of KRW 12,000,000.

A) Around that time, the Plaintiff concluded a lease deposit with the Defendant. (2) The Plaintiff and the Defendant agreed to extend the said lease term to the Defendant by January 11, 2014, in December 2013.

3) Around January 10, 2014, the Plaintiff moved out of the instant office. 4) Around September 21, 2014, the Plaintiff requested the Defendant to return the lease deposit. Around September 25, 2014, the Defendant confirmed that the Plaintiff moved out of the instant office.

5) The provisions pertaining to this case in the instant lease agreement are as follows. In the event that a lease agreement is terminated under Article 5 (Termination of the Contract), the lessee shall restore the said real estate to its original state and return it to the lessor. In such a case, the lessor shall return the deposit to the lessee, and when the rent or the amount of damages is overdue, he/she shall remove it and refund the balance thereof.

B. According to the above facts of recognition, the instant lease contract was terminated on January 11, 2014, and thus, the Defendant is obliged to pay KRW 5,000,000 to the Plaintiff, barring any special circumstance.

As to this, the Defendant asserts that the instant lease agreement was not terminated because the Plaintiff did not fulfill its duty to restore or deliver the leased object, or that it was implicitly renewed by September 25, 2014.

In the lease with a term agreement, there is no need to give a peremptory notice or terminate the lease at the expiration of the term, except in extenuating circumstances.

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