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Reasons
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(영문) 울산지방법원 2017.09.14 2017나20104
보증금반환
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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 15, 2014, the Plaintiff leased part of D’s “D” buildings located in Ulsan-gu Seoul (hereinafter “instant factory”) from the Defendant as KRW 15 million, the lease period from August 15, 2014 to August 14, 2016; the monthly rent is KRW 1.5 million from August 15, 2014 to October 14, 2014; and the monthly rent is KRW 2 million from that month.

(hereinafter “instant lease agreement”). B.

The Plaintiff paid the above lease deposit to the Defendant, and operated the automobile maintenance business as E and Dong business in the plant of this case.

C. On February 27, 2015, the Plaintiff left the factory of this case, and thereafter did not pay the monthly rent to the Defendant.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Assertion and determination

A. The Plaintiff asserted by the parties that “the Defendant, on February 27, 2015, committed violence and intimidation to the Plaintiff, and she was driving away with the equipment, etc. in the instant plant, and thus, the instant lease agreement between the Plaintiff and the Defendant was terminated at that time, and the Defendant agreed to enter into a new lease agreement with E and return the lease deposit money to the Plaintiff by April 30, 2015.” As such, the Defendant is obligated to return the lease deposit to the Plaintiff upon the termination of the instant lease agreement.”

As to this, the Defendant asserted that “the Plaintiff unilaterally left the factory of this case after February 27, 2015, and the instant lease contract was not terminated, and did not promise to refund the lease deposit to the Plaintiff by April 30, 2015.” Thus, the Plaintiff’s lease deposit was not deducted from the rent for the unpaid month during the lease contract period.”

B. (1) First, the Defendant is entitled to refund the lease deposit to the Plaintiff on February 27, 2015.

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