(영문) 서울중앙지방법원 2018.03.28 2016가단156240

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(영문) 서울중앙지방법원 2018.03.28 2016가단156240

임대차보증금

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1. The Defendant’s KRW 68,00,000 for the Plaintiff and the following: 5% per annum from November 26, 2016 to January 4, 2017.

Reasons

1. Facts of recognition;

A. On March 26, 2006, the Defendant entered into a lease agreement (hereinafter “previous lease agreement”) between Nonparty C and Nonparty C with the content that the said part of the building is KRW 70,000,000, monthly rent of KRW 10,000 (excluding value-added tax), and that the lease agreement between September 15, 2006 and September 14, 2007 (hereinafter “previous lease agreement”).

C entered into the previous lease agreement, on February 15, 2007, agreed to pay the deposit of KRW 30,000,000 to the Defendant additionally, and the agreed deposit of KRW 100,000 was paid to the Defendant.

C maintained the lease agreement relationship with the Defendant by August 2009, while running the beauty room business after receiving the two and three floors of the instant building and completing the interior work.

B. On August 25, 2009, the Plaintiff, who operated the cosmetic business and the above beauty room business, concluded a lease agreement with the Defendant stipulating that approximately KRW 70 of the second floor of the instant building from the Defendant is KRW 100 million, KRW 7,000,000, and the term of lease from September 15, 2009 to September 14, 2010 (hereinafter “instant lease agreement”).

The Plaintiff and the Defendant concluded the instant lease agreement only with respect to the second floor of the instant building; however, as a contract for extension of the previous lease agreement, the deposit of the previous lease agreement is succeeded, and the real estate is restored to its original state at the time of the expiration of the contract.

C. C delivered the third floor of the instant building to the Defendant after the termination of the previous lease agreement, and the Defendant leased the third floor of the instant building to the other party.

The Plaintiff continued to operate a beauty room on the second floor of the instant building.

Since then, the instant lease agreement has been implicitly renewed, and the Plaintiff did not renew the instant lease agreement to the Defendant on or around June 2016 and around July 2016.

유사 판례

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