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(영문) 서울북부지방법원 2020.06.03 2019나38831
보증금반환
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

Facts of recognition

On April 1, 2014, the Plaintiffs entered into a lease agreement with the Defendant on the condition that the Seongbuk-gu Seoul E Apartment Complex (hereinafter referred to as the “instant building”) No. 3rd floor F (hereinafter referred to as the “instant commercial building”) will be leased from April 1, 2014 to May 30, 2015 with the term of lease, the lease deposit amount of KRW 50 million, and the monthly rent of KRW 2.2 million, and the Plaintiffs provided the Defendant with the lease deposit amount of KRW 50 million on the same day, and the Plaintiffs operated the Taekwondo hall in the said building.

After the expiration of the above lease contract, the above lease contract is implicitly renewed. On February 3, 2016, the Plaintiffs concluded a renewal contract with the Defendant for the said lease (hereinafter “the instant lease contract”) and decided to maintain the lease deposit amount as KRW 50 million from May 1, 2016 to April 30, 2018, and the monthly rent as KRW 1.8 million.

Of the contents of the instant lease agreement, the parts related to this case are as follows.

(hereinafter referred to as “the instant special agreement” under Article 5. In the event of termination of the lease agreement under Article 5 (Termination of the Contract), the lessee shall return the said real estate to the lessor without damaging it due to the maintenance of facilities of the Taekwondo place.

In such cases, the lessor shall return the deposit to the lessee, and if the amount of arrears and 10% additional dues are imposed, they shall be removed and the balance shall be refunded.

The above real estate should be maintained due to the precedent leased by the lessor while the lessor operated the Taekwondo House.

The provisions of Article 5 of the Special Agreement shall apply to the Commercial Building Lease Act, and the provisions of the Commercial Building Lease Act shall govern the mutual seal rights, and the Plaintiffs, who did not open a flexible business within 5 km, delivered the instant building to the Defendant around May 2018, and received five million won from the Defendant on May 30, 2018.

On the other hand, the Plaintiffs on May 2018.

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