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Reasons
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(영문) 서울중앙지방법원 2016.05.20 2015가단5342889
임차보증금 반환 청구의 소
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1. The Defendant’s KRW 41,96,667 as well as the Plaintiff’s KRW 5% per annum from November 6, 2015 to May 20, 2016.

Reasons

1. Facts of recognition;

A. On February 13, 2013, the Plaintiff: (a) leased the Gangnam-gu Seoul Metropolitan Government C402 (hereinafter “instant building”) from the Defendant KRW 50 million to the lease deposit; (b) KRW 3892,00 to the monthly rent; (c) KRW 1,123,700 to the management expenses; and (d) the period from February 13, 2013 to February 12, 2014; (b) paid the said lease deposit to the Defendant around that time; (c) between the Defendant and the Defendant on February 13, 2014; (d) monthly rent KRW 5.6 million to the management expenses; and (e) the lease period from February 13, 2014 to February 12, 2015.

B. On August 2015, the Plaintiff delivered the instant building to the Defendant.

C. Around October 5, 2015, the Plaintiff maintained the contract with the Defendant as an implied renewal after February 13, 2015, and the Plaintiff notified the termination of the instant lease agreement pursuant to Articles 639(1) and 635(1) of the Civil Act. This case’s lease becomes effective as of November 5, 2015. The Defendant notified the Defendant that the lease deposit amount of KRW 50 million was returned on November 5, 2015.

On the other hand, the Plaintiff did not pay rent and management expenses from October 1, 2015.

[Grounds for Recognition: Evidence No. 1-2, Evidence No. 1-1-3, Evidence No. 1-3, and the purport of the whole pleadings]

2. Determination

A. According to the above facts, the instant lease agreement was explicitly renewed on or around February 13, 2015, and the Plaintiff notified the Defendant of the termination of the instant lease agreement on or around October 5, 2015 pursuant to Article 635(1) of the Civil Act. As such, the instant lease agreement was lawfully terminated and terminated on November 5, 2015, when one month has elapsed since the notice of termination was given pursuant to Article 635(2) of the Civil Act.

Therefore, the Defendant, from October 1, 2015 to November 5, 2015, deducted the monthly rent and management expenses from KRW 50 million to KRW 8,03,33 ( KRW 686,00,00 ( KRW 1.2660,00) from the Plaintiff, 41,96.

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