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(영문) 전주지방법원 2020.12.23 2020나3669
보증금반환
Text

1. The judgment of the first instance court, including the claims extended in the trial, shall be modified as follows:

The defendant is against the plaintiff.

Reasons

1. Basic facts

A. On November 1, 2018, the Plaintiff entered into a lease agreement with the Defendant with respect to each section for exclusive use (C and D; hereinafter “instant real estate”) listed in the separate sheet, and the part E (E) of the buildings listed in the separate sheet (hereinafter “E”) as indicated in the separate sheet, with respect to the lease deposit, from November 1, 2018 to October 31, 2019, the lease deposit amount of KRW 35,000,000, monthly rent of KRW 1,300,000, monthly management fee of KRW 50,000 (such as taxes, public charges, and electricity, etc. shall be borne separately by the Plaintiff) by November 25, 2018. In the event that the Plaintiff fails to pay the amount to be paid for the rent, management fee, etc. by the designated date, the Plaintiff entered into a lease agreement with the content that the Plaintiff additionally pays the late payment charge of KRW 5% per month.

B. The Plaintiff and the Defendant agreed to terminate the lease contract on November 14, 2019, and instead, according to the Plaintiff’s statement of KRW 15,00,000,000 among the deposit, and the Plaintiff’s statement of KRW 10,000,00 among the deposit deposit, are stated to return KRW 10,000 out of the deposit. However, there is no dispute between the parties on the fact that the deposit was reduced to KRW 15,00,00 by returning the said title.

The monthly rent of 500,000 won was agreed to be deducted respectively.

C. On November 18, 2019, the Plaintiff notified the Defendant that the instant real estate lease agreement will also be terminated.

On May 27, 2020, the Plaintiff: (a) released both the interior of the instant real estate, etc.; and (b) delivered the key to the instant real estate entry to the Defendant on May 28, 2020.

[Ground of recognition] Facts without dispute, Gap's statements and images, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts as to the termination of a lease agreement, the lease agreement on the instant real estate and subparagraph (e) was renewed on November 1, 2019 under the same condition pursuant to Article 10(4) of the Commercial Building Lease Protection Act (hereinafter “Commercial Building Lease Protection Act”), and the lease agreement on subparagraph (e) was partially terminated on November 14, 2019.

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