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(영문) 서울북부지방법원 2019.04.18 2018가합23067
보증금반환
Text

1. The Defendant’s KRW 1,400,000 as well as the Plaintiff’s annual rate from March 26, 2018 to April 18, 2019, and the following.

Reasons

1. Article 2 (Duration) of the facts of recognition shall be delivered to the lessor after completion of repairing the above real estate in a condition that it can be used, for the purpose of the lease, and the lease period shall be 48 months from the date of delivery;

Article 5 (Termination of Contract) Where a lease contract is terminated, the lessee shall restore the relevant leisure hall to its original state and return it to the lessor.

In such cases, the lessor shall return the security deposit to the lessee, and when there is a pension for the repayment of overdue rent or the performance of the obligation related to lease and the compensation for damages, the lessor shall remove it and refund

Article 10 (Matters of Special Agreement) - The occupancy date shall be transferred under consultation as the repair of the facility is completed and shall be exempted from being for 15 days after delivery.

-to repair facilities, install elevators and air-conditionings (a) at the expense of the lessor prior to the commencement of the lease, and to repair and deliver such agreed parts as facilities, repair of elevators, TV (52 to 60) , signboards, guest rooms (the toilets, air-conditionings), and corridors;

On March 20, 2017, the Plaintiff entered into a lease agreement with the Defendant, setting the deposit amount of KRW 500,000,000 and the period of KRW 13,50,000 each month for the instant building and the instant facilities related to the inn business except for the part of neighborhood living facilities (hereinafter “the instant inn”), which are owned by the Defendant, as the date of delivery, as the period of KRW 48 months from the date of delivery.

(hereinafter “instant contract”). The main contents of the instant contract are as follows.

B. The Plaintiff paid the security deposit under the instant contract to the Defendant, and the Defendant delivered the instant loan to the Plaintiff on June 23, 2017.

C. On February 1, 2018, the Plaintiff terminated the instant contract on the grounds of non-performance of the terms and conditions stipulated in the instant contract and all kinds of defects arising from the instant inn, and sent the Defendant a document evidencing contents of compensation equivalent to operating losses and repair expenses, and claiming the return of deposit for lease. The said mail reached the Defendant at that time.

On the other hand, the defendant on February 9, 2018.

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