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(영문) 서울남부지방법원 2019.04.12 2018나690
계약금 등 반환
Text

1. The judgment of the first instance court, including the defendant's counterclaim claim filed by this court, is modified as follows.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On September 25, 2017, the Defendant: (a) determined on October 30, 2019 the lease deposit amount of KRW 20 million on the first floor of Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant commercial building”); (b) the lease deposit amount of KRW 51.90 square meters on the ground of Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant commercial building”) from October 31, 2017 to October 30, 2019; (c) the remainder of KRW 18 million is paid on the date of the contract; and (d) the rent of KRW 22 million on the basis of the monthly rent (the last day of each month; the date of the rent payment); and (d) the lease period from October 31, 2017 to the date of delivery).

(hereinafter “instant lease agreement”). B.

The special terms and conditions of the instant lease agreement (No. 1) are as follows:

1. Lease in a state of present facilities.

4. The tenants shall repair defects, such as electricity and water leakage, during the lease period;

6. Any balance shall be paid on October 16, 2017, and the monthly rent shall be deemed to accrue from October 31, 2017.

C. On the date of the contract, the Plaintiff paid KRW 2 million to the Defendant as the down payment out of the lease deposit.

Around that time, the Defendant handed over the instant commercial building to the Plaintiff so that the Plaintiff could perform the interior works.

On September 29, 2017, the Plaintiff discovered wastes abandoned by the previous lessee on the roof of the commercial building of this case and notified the Defendant thereof.

Accordingly, the Plaintiff and the Defendant agreed to deduct the remainder of lease deposit amount of KRW 500,000 and KRW 5 million for roof repair costs from KRW 18,000.

The plaintiff alleged that at the time of the lease agreement, the defendant was fully responsible for waste disposal costs and waste disposal costs found on the floor of the commercial building of this case, and that the defendant agreed to pay five million won of the roof repair costs of 10 million won prior to the outstanding payment date of lease deposit. However, there is no evidence to acknowledge the plaintiff's assertion, and even if there was a waste on the floor of the commercial building of this case, the waste disposal costs are as stipulated in the special agreement.

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