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(영문) 인천지방법원부천지원 2015.06.03 2015가단429
보증금반환
Text

1. The Defendants jointly share KRW 30,375,00 with respect to the Plaintiff and 6% per annum from November 16, 2014 to June 3, 2015.

Reasons

1. Basic facts

A. The Defendants concluded a lease agreement with the Plaintiff on August 1, 2012 (hereinafter “instant lease agreement”) and leased part of the said building (hereinafter “instant building”) to the Plaintiff as the co-owner of “Seoul Special Metropolitan City’s five-story neighborhood living facilities building on the ground of land outside Seoul Special Metropolitan City, and determined as KRW 40,000,000, KRW 2,500,000, and KRW 2,500,000,000 (value-added tax shall be separately borne by the lessee), and the period of August 15, 2013.

B. Around that time, the Plaintiff paid the full amount of the lease deposit to the Defendants, and occupied and used the instant building for the purpose of office on August 15, 2012.

After the expiration of the above lease term, the Plaintiff and the Defendants maintained the lease relationship under the same conditions as the previous one through the renewal of the contract.

C. On August 1, 2014, the Plaintiff left the instant building in a non-working place and moved its office to another place.

[Grounds for recognition] Unsatisfy, Gap 1-3 evidence, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff had delivered the leased object at the time when the lease contract of this case expired, and thus, the Defendants are jointly obligated to refund the entire lease deposit to the Plaintiff.

B. Since there was no notification of refusal of contract renewal or termination of contract between the Plaintiff and the Defendants one month prior to the expiration of the term of lease, the instant lease agreement was terminated on August 15, 2014, which was three months from August 15, 2014, and November 15, 2015.

Therefore, the amount of rent(including value added tax), management fee, and joint electricity fee should be deducted from the deposit.

approximately KRW 3,000,000 shall also be deducted from the expenses for restoration to the original state.

3. Determination

A. According to the Commercial Building Lease Protection Act at the time of the termination of the lease contract, the lessee does not require the renewal of the contract between six months and one month before the expiration of the lease term, and the lessor is also within the same period.

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