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(영문) 대전지방법원 2016.08.18 2015가단31510
보증금반환
Text

1. The Defendant’s KRW 60,000 and the Plaintiff’s annual rate from August 15, 2015 to August 18, 2016.

Reasons

Facts of recognition

A. The Plaintiff is a corporation with the purpose of manufacturing industrial fibres.

On February 15, 2011, the Plaintiff: (a) leased each of the lease deposit amounting to KRW 50,000,000, monthly rent of KRW 6,000, monthly rent of KRW 600,000, and the contract period of the above lease period until August 14, 2015 (hereinafter “instant lease agreement”); (b) the said lease agreement expired on August 14, 2015, and terminated on the expiration of the contract period; and (c) the Plaintiff returned the instant building to the Defendant around that time.

On the other hand, paragraph (4) of the special agreement at the time of the lease contract of this case is "the restoration to the original state upon the expiration of the lease term" is

- [Discretionary reinstatement of Lessee]

c. The term "repair, etc. through a specialized enterprise" is defined as "repair, etc. at the time of factory printing and repair."

B. The Plaintiff sought the return of the lease deposit upon the termination of the instant lease agreement. However, the Defendant, among them, deposited the lease deposit with the Daejeon District Court KRW 2260 in 200,00, the sum of KRW 6,974,90, and KRW 660,00,00, which is equivalent to the rent for three days from the date of delivery ( August 18, 2015) after the termination of the lease agreement.

【Ground of recognition” without any dispute, Gap evidence Nos. 1, Eul evidence Nos. 1, and Eul evidence Nos. 1 and 7, judgment of the purport of the entire pleadings, and the security deposit received from real estate lease guarantees all the lessee’s obligations arising from the lease, such as rent obligations, damages liability arising from the loss, damage, etc. of an object, and the amount equivalent to the secured obligation is naturally deducted from the security deposit without any separate declaration of intention, unless special circumstances exist when the object is returned after the termination of the lease relationship (see, e.g., Supreme Court Decision 2013Da7225, Mar. 26, 2015). Meanwhile, according to the appraisal results of the appraiser A by this Court.

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