(영문) 수원지방법원 2015.10.07 2015나9339 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2015.10.07 2015나9339

보증금반환

Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim corresponding to the above revocation part.

Reasons

1. Facts of recognition;

A. On July 15, 2002, in order to operate a restaurant, the Plaintiffs entered into a lease agreement with the Defendant on one of the buildings listed in the separate sheet owned by the Defendant (hereinafter “instant building”) with the term of KRW 25 million, monthly rent of KRW 500,000,000, and KRW 25 million,000,000,000 from July 15, 2002, and paid the Defendant the lease deposit amount of KRW 25,00,000.

B. Upon the termination of the term of the above lease agreement, the Plaintiffs and the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with respect to the instant building on August 15, 2005, which stipulated the lease deposit of KRW 25 million, KRW 600,000 per month, and the lease term of KRW 48 months from August 15, 2005.

C. Meanwhile, the Defendant lent KRW 10 million to the Plaintiffs around January 21, 2008, and KRW 10 million around October 6, 2008 as interest rate 2% per month.

On or before August 14, 2009, the expiration date of the lease term of this case, the defendant received the building of this case from the plaintiffs, and offset the defendant's above loan claims against the plaintiffs and the claims for return of the lease deposit against the defendant against the defendant.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 2, and 5 (if there are numbers, including numbers; hereinafter the same shall apply), the purport of the whole pleadings and arguments

2. The parties' assertion

A. The plaintiffs asserted that they delivered the building of this case to the defendant on or before August 14, 2009, which was the expiration date of the lease term of this case, but did not refund five million won out of the deposit amount of 25 million won from the defendant. The defendant shall return the deposit amount of 2.5 million won to the plaintiffs as the deposit money, and shall also pay damages for delay from August 15, 2009, which the plaintiff sought after the delivery date of the building of this case.

B. On April 2009, the Defendant agreed to terminate the instant lease agreement with the Plaintiffs, and around that time.

유사 판례

-서울남부지방법원 2015.09.10 2015나2312

-울산지방법원 2020.08.20 2019가단7043

-수원지방법원 2019.09.05 2019가합15734

-의정부지방법원고양지원 2013.06.26 2013가합1099

-창원지방법원마산지원 2019.07.03 2018가단101249