(영문) 서울북부지방법원 2017.08.30 2016나7003

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(영문) 서울북부지방법원 2017.08.30 2016나7003

임차보증금반환

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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.

Reasons

1. Basic facts

A. On May 26, 2010, the Plaintiff leased the entire land and the site for the first floor parking lot (hereinafter “instant real estate”) from the Defendant, among the real estate in Dobong-gu Seoul Metropolitan Government, for the lease deposit of KRW 50 million, monthly rent of KRW 3,300,000 (including additional tax, and the subsequent payment on the first day of the following month), and for the lease period from June 15, 2010 to June 15, 2012, and the Plaintiff paid the Defendant the lease deposit of KRW 50,000 in full.

B. The Plaintiff and the Defendant agreed to extend the lease contract term to June 15, 2012 by June 15, 2014, and to increase the monthly rent to KRW 3.630,000,000, including surcharges, from June 15, 2013.

(hereinafter referred to as “instant lease”) between the Plaintiff and the Defendant.

On the other hand, Article 11 of the Special Agreement provides that "a lessee shall restore facilities upon a lessor's request if he/she leaves the place of the goods on the grounds of contract termination, etc."

Around November 2013, the Plaintiff transferred the right to lease of the instant real estate to the Home Plusing Press (hereinafter “ Home Plus”) with the consent of the Defendant, and on November 30, 2013, delivered the instant real estate to the Defendant and the instant lease agreement was terminated.

E. The Defendant paid only KRW 10 million to the Plaintiff as the refund of the instant lease deposit, and the remainder of the lease deposit is not refunded.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the lease deposit amount of KRW 40 million (= KRW 50 million) - the lease deposit already refunded - the lease deposit amount of KRW 10 million and delay damages therefrom, unless there are special circumstances to the contrary.

3. We decide on the defendant's defenses.

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