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(영문) 서울중앙지방법원 2017.01.24 2016가단5153246
임대차보증금반환
Text

1. The Defendants: (a) KRW 10,835,035 to each of the Plaintiff, as well as KRW 6% per annum from July 15, 2016 to January 24, 2017.

Reasons

1. Basic facts

A. On October 14, 2009, the Plaintiff entered into a lease agreement with the Defendants to set forth four floors (hereinafter “instant leased buildings”) from the Gangnam-gu Seoul Metropolitan Government D Building (hereinafter “D Building”) as the lease period from November 16, 2009 to November 15, 2014, the deposit amount of KRW 70,000,000, monthly rent of KRW 390,000 (excluding value-added tax, and the second and latter adjustment).

From December 1, 2012, the Plaintiff and the Defendants changed the monthly rent into KRW 4.5 million (excluding value-added tax).

On the other hand, the Plaintiff agreed to restore the leased building of this case at the Plaintiff’s expense upon the termination of the lease, with the delivery of the leased building in the state where the interior facilities built by the former lessee have not been removed. The Plaintiff received KRW 5 million from the Defendants as the expenses for restoration to its original state.

B. Even after the expiration of the lease term, the Plaintiff used the instant leased building, and the Defendants did not express any particular intent on it.

Accordingly, an implied renewal was made between the Plaintiff and the Defendants under the same conditions as the above lease agreement.

(hereinafter “instant lease contract”) without distinguishing the lease contract before and after the renewal.

On March 31, 2016, the Plaintiff notified the Defendants that the instant lease agreement will be terminated, and the said notification reached the Defendants on April 4, 2016.

On June 7, 2016, the Plaintiff: (a) carried out removal and restoration works in an amount equivalent to KRW 14.3 million; and (b) handed over the instant leased building to the Defendants.

When the Defendants refused to return the lease deposit, the Plaintiff filed the instant lawsuit.

The Defendants asserted that the instant lease contract was terminated three months after the Plaintiff’s notice of termination was served on July 14, 2016, when the instant lawsuit was pending, from May 1, 2016 to July 3, 2016, the date of termination, which is the date of termination, from May 1, 2016, by asserting that the instant lease contract was terminated.

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