logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2018.07.20 2017가단27759
임대차보증금반환 등
Text

1. The Defendant shall pay to the Plaintiff KRW 13,00,000 and the interest rate of KRW 15% per annum from July 21, 2018 to the day of complete payment.

Reasons

1. Basic facts

A. On March 23, 2015, the Plaintiff entered into a lease agreement between the Defendant and the first floor retail store located in Gwangju Metropolitan City (hereinafter “instant commercial building”) with respect to the lease deposit of KRW 30,000,000, monthly rent of KRW 500,000 (prepaid on January 3), and the lease term of February 20, 2016 (hereinafter “instant lease agreement”). The said lease agreement was implicitly renewed.

Upon entering into the instant lease agreement, the Plaintiff paid KRW 12,00,000 as premium to E, a former lessee.

B. On October 12, 2017, the Plaintiff notified the Defendant that the instant lease agreement will be terminated, and the said notification was served on the Defendant on October 17, 2017.

C. On October 26, 2017, the Plaintiff found a new lessee who wanted to rent the instant commercial building, and the Plaintiff’s mother B asked on October 26, 2017 whether the Defendant would rent the instant commercial building to the Defendant. However, the Defendant asked that he would directly use the commercial building, and that there was no premium.

On April 25, 2018, the Defendant returned KRW 29,000,00 to the Plaintiff out of the lease deposit, and the Plaintiff transferred the instant commercial building on the same day, and sent the key to the instant commercial building to the Defendant.

E. In order to rent the commercial building of this case, the Defendant requested brokerage of the lease contract to a licensed real estate agent office. The terms and conditions of the lease contract presented by the Defendant are 10,000,000 won for lease deposit, 700,000 won for rent monthly, and 12,000,000 for premiums.

[Ground of Recognition] Facts without dispute, Gap evidence 1, 2, 3, 8, Gap evidence 9-1, 2, Gap evidence 10-1, 2, and Gap evidence 13, Gap evidence 12, the video of Gap evidence 12, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the facts acknowledged prior to the determination on the claim for the refund of deposit, the instant lease contract is terminated on January 17, 2018 after three months have elapsed since the Plaintiff notified the Defendant of the termination of the contract.

arrow