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(영문) 창원지방법원밀양지원 2020.09.23 2020가단10093
보증금반환
Text

The defendant's KRW 89,880,000 to the plaintiff and 5% per annum from January 21, 2020 to September 23, 2020.

Reasons

1. Basic facts

A. On July 28, 2017, the Plaintiff leased, from the Defendant on July 28, 2017, the lease deposit amount of KRW 100 million, monthly rent of KRW 2300,000 (excluding value-added tax), and from September 1, 2017 to August 31, 2018, the lease term of the three-story accommodation facilities (hereinafter “instant building”).

(hereinafter “instant lease agreement”). B.

After the instant lease agreement was explicitly renewed, the Plaintiff notified the Defendant of the termination of the lease agreement on February 2019 and delivered the instant building to the Defendant on February 26, 2019.

[Ground of recognition] Facts without dispute, Gap 1-4 evidence, purport of whole pleadings

2. The parties' assertion

A. The Plaintiff’s instant lease agreement terminated on May 26, 2019, and the Defendant shall pay to the Plaintiff the lease deposit KRW 100 million after deducting KRW 2.3 million in arrears for one month, which existed at the time of delivery of the building, from the lease deposit of KRW 100 million.

B. Since the instant lease agreement was maintained until August 2019, Defendant 1,7710,00 won in the aggregate of the overdue rent of KRW 2,530,000 per month from February 2, 2019 to August 2019 (including value-added tax) should be deducted from the lease deposit, and the restitution cost of KRW 1,1350,000 should be deducted from the lease deposit.

3. Determination

A. In cases where a commercial building lease agreement was implicitly renewed at the time of termination of the instant lease agreement, the lessee may at any time notify the lessor of the termination of the lease agreement, and the termination becomes effective three months after the lessor is notified of the termination (Article 10(4) and (5) of the Commercial Building Lease Protection Act). Therefore, the instant lease agreement is deemed to have arrived at February 26, 2019 of the Plaintiff’s delivery of the instant building as of February 26, 2019, as there is no evidence specifying the date on which the notice of termination was served due to the Plaintiff’s notice of termination on February 2019.

May 26, 2019.

(b) Expenses for the overdue rent and reinstatement;

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