(영문) 서울중앙지방법원 2019.06.27 2017나87724

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(영문) 서울중앙지방법원 2019.06.27 2017나87724

임대보증금 등

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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked, and

Reasons

1. Determination as to the cause of claim

A. The Plaintiff asserted that the Plaintiff: (a) leased an officetel D (hereinafter “the instant officetel”) among the divided officetels D units in Gyeyang-gu, Seoyang-gu, Yangyang-si (the real estate registration register exists only D; (b) the Defendant divided into D and E into two units; and (c) set the lease deposit amount of KRW 50 million and facility cost of KRW 40 million and paid the said amount to the Defendant’s agent F; and (d) upon the Defendant’s request, the Plaintiff agreed to deliver the instant officetel upon receiving the lease deposit and the said installation.

Since the Plaintiff delivered the instant officetel to the Defendant and terminated the lease relationship, the Defendant is obligated to pay the Plaintiff the lease deposit amount of KRW 50 million and the facility cost of KRW 40 million under the said agreement and the damages for delay.

B. On October 2010, the Plaintiff recognized the claim for the refund of the lease deposit (1) as follows: (a) the instant officetel (the head of the E head office) was leased by G other than the Plaintiff for the purpose of singing room business between F and F on behalf of the Defendant.

(B) The Plaintiff and the Defendant’s agent leased the Plaintiff’s name (or G’s name as a non-resident) from January 24, 2011 to March 23, 2012, and concluded a lease agreement with the effect that the Plaintiff would provide F with a monthly rent of KRW 3 million for the use of the singing room facilities by paying F for the costs of singing room facilities. Since then, the Plaintiff and the Defendant’s agent F recognized the Plaintiff’s KRW 40 million out of the amount of KRW 120 million paid by the Plaintiff as the facility cost under the said agreement as the deposit for the said lease agreement (or KRW 40 million when the instant officetel is returned to the Plaintiff at the time of the return of the instant officetel).

It is argued that the defendant recognized 30 million won as a security deposit.

A monthly reduction of the rent is 2.5 million won.

The plaintiff is a lease contract.

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