(영문) 인천지방법원 2018.06.21 2017나60973

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(영문) 인천지방법원 2018.06.21 2017나60973

임대차보증금반환

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1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked:

Reasons

1. Basic facts

A. On February 20, 2015, the Plaintiff entered into a lease agreement with the Defendant on a deposit for the lease of KRW 115 million, monthly rent of KRW 12,200,000 (excluding value-added tax), from February 20, 2015 to February 19, 2017 (hereinafter “instant lease agreement”) with the lease deposit amount, and the lease deposit amount of KRW 115,00,000 as the existing lease deposit was replaced by the existing lease deposit.

(B) Around 2008, the plaintiff and the defendant have concluded a lease contract for the factory of this case and renewed it.

The details related to the termination and restoration of the instant lease agreement are as follows.

4. Where the period of restoration expires or expires even if it is terminated, the lessee shall restore the leased real estate to its original state and deliver it to the lessor.

5. Where the lessee of the right to cancel the lease is at least two months in arrears, the lessor may cancel the lease contract.

A lessee may cancel the lease contract if the purpose of the lease cannot be achieved due to the loss, etc. of the leased real estate.

If the lessee is notified of the termination of the lease even before the expiration of the lease term, the lease contract shall be terminated on the date three months after the termination is notified.

C. The instant lease agreement terminated on January 26, 2017, following the Plaintiff’s notice of termination on October 27, 2016, and the Plaintiff delivered the instant factory to the Defendant on the same day.

The Defendant deducted KRW 16,104,00 and electricity KRW 4,297,97,970 from KRW 15,000 to KRW 15,000 from January 2017, and deducted KRW 85,10,00 from KRW 15,00,00 in terms of recovery expenses, and returned only KRW 85,10,00 to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 2, 3, 5, Gap evidence 12-1, 2, Gap evidence 13, Eul evidence 13, the purport of the whole pleadings

2. The parties' arguments and judgments.

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