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(영문) 서울고등법원 2015.03.10 2014나34302
보증금반환
Text

1. Of the judgment of the court of first instance, the part against the Plaintiff is revoked.

Reasons

1. Facts of recognition;

A. On August 6, 2010, the Lessee, the owner of the building listed in the separate sheet (hereinafter “instant building”), set lease deposit amount of KRW 100,00,000 (excluding value-added tax), monthly rent of KRW 6,00,00 from August 10, 2010 to KRW 24 months from August 10, 2010, and KRW 100,000 (hereinafter “the first lease”). The Lessee paid the lease deposit to the Counterclaim Defendant. (B) On August 14, 2012, the Lessee: (a) set lease deposit amount of KRW 138 square meters from the instant building (hereinafter “the 138 cafeteria”) in lieu of lease deposit for a period from August 20, 2012 to KRW 10,000,000,000,000,000 and KRW 10,000,000,000,000 (hereinafter “the 10”).

(The object of the instant lease agreement Nos. 1 and 2 is the same f.C. (hereinafter “instant lease”).

Around June 20, 2013, the counterclaim provided a restaurant with the name of “C” in the instant leased section, and all the rents incurred until January 19, 2013 were paid. However, the counterclaim did not pay the rent from February 20, 2013 (from January 20, 2013 to February 19, 2013). Around June 20, 2013, the counterclaim Defendant sent to the counterclaim a written notice containing his/her intent to terminate the instant lease agreement by means of content-certified mail on the grounds of the non-payment of two or more rents.

On June 21, 2013, the said postal item reached the Lessee.

On August 22, 2013, the Counterclaim Defendant delivered the instant leased portion to the Counterclaim Defendant.

[Ground of recognition] Facts without dispute, Gap 1-3, 11-1, 2, and Eul 1, the purport of the whole pleadings

2. Determination on the cause of the claim

A. 1) The counterclaim Defendant is obligated to return KRW 100,000,000 to the counterclaim under the second lease agreement.

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