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Reasons
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(영문) 수원지방법원 2015.12.09 2014가단73431
임대보증금반환
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 30, 2013, the Plaintiff: (a) leased from the Defendant, Suwon-si, Suwon-si, and one parcel D 108 (hereinafter “instant store”) (hereinafter “instant lease”); (b) from November 8, 2013 to November 8, 2015, the lease deposit amount of KRW 50 million; and (c) monthly rent of KRW 2,800,000 (excluding management expenses and value added taxes); (d) the rent and management expenses were incurred from October 31, 2013 to April 30, 2014; and (e) the Plaintiff paid KRW 40,000,000 to the Defendant the lease deposit of KRW 20,000 (hereinafter “the instant lease agreement”); and (e) the Plaintiff paid the lease deposit and management expenses from October 31, 2013 to April 30, 2014 to KRW 400,000 (hereinafter “the instant lease agreement”).

B. On April 1, 2014, the Plaintiff was in arrears at least two-years following the conclusion of the instant lease agreement, and the Defendant notified the Plaintiff of the termination of the instant lease agreement.

C. The Plaintiff continued to operate the instant store on December 5, 2014, and delivered the instant store to the Defendant on December 5, 2014, and the Defendant asserted that the Defendant returned KRW 6,043,651 to the Plaintiff KRW 6,045,651 out of the lease deposit amount of KRW 40,000,000,00, the Defendant returned KRW 6,045,651. However, the entry of No. 5 (

(d) The return was made.

The total amount of rent paid by the Plaintiff to the Defendant not later than the delivery date of the instant store is omitted in the preparatory document dated August 4, 2015, which was signed by the Defendant on August 4, 2015, KRW 800,000, which was remitted to the Plaintiff’s husband F on June 30, 2014.

(See evidence 4). The unpaid management fees are KRW 3,560,740, and unpaid urban gas fees are KRW 5,893,609.

E. The Defendant re-leased the instant store to Nonparty E, and the broker fee of KRW 2,500,000 was borne by the Plaintiff.

5. Facts that there is no dispute over the plaintiff's agent's statement on the 5th date for pleading, the entries in Gap's 1, 2, 5, and Eul's 4 through 7, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion terminates the lease contract of this case.

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