logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2019.01.09 2017가단33005
보증금 반환
Text

1. The Defendant (Counterclaim Defendant) shall draw up a separate sheet among the 141.98 square meters of the building on the 1st floor listed in the separate sheet from the Plaintiff (Counterclaim Defendant).

Reasons

【Counterclaim against a principal lawsuit shall also be deemed to have been satisfied.】

1. Basic facts

A. On March 8, 2016, the Plaintiff concluded a lease agreement with the Defendant on the condition that the Plaintiff leased the instant store from the Defendant under the name of C and D to KRW 40,000,000, monthly rent of KRW 2200,000 (on the last day of each month), and from April 1, 2016 to December 12, 2016, but the Plaintiff agreed to exercise the right to the lease (hereinafter “instant lease agreement”).

B. While the Plaintiff operated a window at the instant store, he/she notified the Defendant of his/her intention not to renew the lease on February 2017, and to return the lease deposit to the Defendant by March 31, 2017, and to order the instant store simultaneously with the return of the lease deposit after the said deadline.

‘A' sent content-certified mail containing the meaning.

C. Meanwhile, the Plaintiff moved facilities, fixtures, etc. in the instant store before the end of the contract period, and did not run the business at the instant store after the end of the contract period. However, from January 2018 to January 2018, the Plaintiff subleted the instant store to another sales office for two months.

While the Plaintiff did not pay a rent from January 2017 to March 2017, the Plaintiff did not return the key to the store to the Defendant until the date of closing the argument of the instant case, and the Defendant also did not refund the remaining lease deposit after deducting the overdue rent, etc. from the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 2, Gap evidence 5-1 through 3, Gap evidence 1-3, video and the purport of whole pleadings

2. Determination on the claim for reimbursement of the principal claim (lease deposit)

A. According to the facts of the determination as to the cause of the claim, the instant lease agreement was terminated on March 31, 2017. Therefore, the Defendant is for three months from January 1, 2017 to March 31, 2017 to the Plaintiff.

arrow