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(영문) 서울중앙지방법원 2018.06.15 2018가단5014154
보증금반환
Text

1. The defendant shall pay 81,814,000 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

Reasons

1. As to the cause of claim

A. 1) The Defendant concluded the first lease agreement with the Plaintiff on November 18, 2014 and concluded the first lease agreement with the Plaintiff on December 15, 2014, Seoul Seocho-gu Seoul 102 (hereinafter “instant real estate”).

The Defendant leased the instant real estate to the Plaintiff on December 14, 2016, following the previous lease agreement. On December 14, 2016, the Defendant: (a) concluded a lease agreement with the Plaintiff on KRW 100 million; (b) monthly rent of KRW 3,465,00 (excluding value-added tax); (c) monthly management fee of KRW 310,00 (excluding value-added tax); and (d) from December 15, 2016 to December 31, 2017; and (b) the Plaintiff leased the instant real estate to the Defendant on November 18, 2014; and (c) paid the remainder of KRW 90,000,000 to the Defendant on December 15, 2014.

3) The lease contract between the Plaintiff and the Defendant was terminated on December 31, 2017 at the expiration of the period. [The grounds for recognition] are the absence of a partial dispute, and the evidence Nos. 2 and 3 (including paper numbers) are written.

B. According to the above facts, the defendant is obligated to return the lease deposit to the plaintiff, except in extenuating circumstances.

The plaintiff also claims damages for delay against the lease deposit, but since the plaintiff's obligation of restitution and the obligation of the defendant to refund the lease deposit are simultaneously performed, the plaintiff is not liable for delay until the plaintiff restores the real estate of this case and returns it to the defendant or provides it to the defendant. Thus, this part of the plaintiff's assertion

(1) As to the Defendant’s assertion on February 2, 201, the Defendant’s exercise of the right to defense of simultaneous performance cannot be said to go against the good faith principle, as the Plaintiff asserted.

A. As to this, the Defendant’s rent for January 2018 and the overdue rent, etc. under Article 10(3) of the Lease Deposit for the restoration of the original state from the lease deposit to the original state.

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