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(영문) 서울중앙지방법원 2020.12.15 2019가단5124904
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff, on June 30, 2002, leased lease deposit money of KRW 10,000,000, monthly rent of KRW 1,300,000, and the period from June 30, 2002 to June 30, 2003 to the Defendant.

The defendant paid the above lease deposit to the plaintiff around that time and received the delivery of the instant store.

The above lease contract is implicitly renewed, but it was terminated on May 2018 on the grounds of overdue rent.

After that, the Defendant removed and removed the house, etc. set up in the instant store, and delivered the instant store to the Plaintiff. On April 29, 2019, the Plaintiff returned KRW 3,913,500, which deducted the overdue rent from KRW 10,000,000, to the Defendant.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, 11 (including virtual number), Eul evidence 2, the purport of the whole pleadings

2. Assertion and determination

A. The grounds for the Plaintiff’s claim and the changed grounds for the claim are as stated in the attached sheet.

B. The lessee is obligated to restore the leased object to its original condition and return it to the lessor upon termination of the lease agreement.

(Article 654 and 615 of the Civil Act). The duty to restore a lessee’s leased object means to restore it at the time of leasing the leased object to its original condition. As such, it is practically impossible for the lessee to restore the leased object to its original condition at the time of leasing the leased object. Therefore, barring any special circumstance, such as where the parties specifically agreed on the scope, degree, etc. of restitution, it is necessary to restore the leased object to its original condition at the time of leasing the leased object and return it to its original condition where it does not impede the lessee’s use for ordinary purposes as at the time of leasing the leased object as at

Even if the lessee is obliged to restore the object to its original state due to the termination of the lease, it is separate.

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