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(영문) 서울북부지방법원 2020.10.07 2020가단123420
보증금반환
Text

The defendant's KRW 33,481,598 to the plaintiff and 5% per annum from June 10, 2020 to October 7, 2020 to the plaintiff.

Reasons

Basic Facts

Comprehensively taking account of the overall purport of the arguments as to Gap evidence Nos. 1 and 2, the fact that the plaintiff, on August 29, 2017, leased deposit 40,000,000 won for the fifth floor D and E (hereinafter referred to as the "the store of this case") of the building C in Seoul Special Metropolitan City, Nowon-gu, and 2,400,000 won for the rent, the fourth day of each month for the rent payment, the fourth day of September 5, 2017 from September 5, 2017, entered into an agreement with the plaintiff to bear environmental charges and traffic charges (hereinafter referred to as the "lease of this case"), and thereafter, the lease of this case was implicitly renewed and extended until September 4, 202, but the fact that the fire occurred in the store of this case (hereinafter referred to as the "fire accident of this case") and the defendant changed the store of this case on October 25, 2019.

In full view of the purport of the entire argument on the termination of the instant lease agreement, the Plaintiff asserted that the instant lease agreement was terminated as of May 15, 2020 at the instant complaint, and the fact that the preparatory brief dated July 23, 2020, stating the Defendant’s declaration of consent, was served on the Plaintiff around that time. Accordingly, the instant lease agreement was terminated by agreement as of May 15, 2020.

In light of the following circumstances, the Plaintiff asserted that the instant lease contract was terminated as of May 15, 2020 when the Plaintiff filed the instant lawsuit on May 26, 2020, while claiming that the instant lease contract was terminated as of May 15, 2020, and that the instant lease contract was terminated as of April 9, 2020 when the Defendant came to September 9, 2020, the Defendant replaced the correction system of the instant store on April 2020.

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