(영문) 서울중앙지방법원 2020.08.14 2019가단5286352

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(영문) 서울중앙지방법원 2020.08.14 2019가단5286352

임대차보증금

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1. As to KRW 147,724,323 among the Plaintiff and KRW 144,00,00 among them, the Defendant shall pay to the Plaintiff KRW 147,724,323 from August 13, 2019, KRW 717,137.

Reasons

1. Basic facts

A. On January 25, 2019, the Plaintiff, as a lessee, entered into a lease agreement with the Defendant and Gwanak-gu Seoul Special Metropolitan City CD (hereinafter “instant real estate”), setting the lease deposit amount of KRW 180,00,000 and the lease period of KRW 50,000 from February 2, 2019 to February 1, 2021 (hereinafter “instant lease agreement”). The Plaintiff paid KRW 167,00,000 out of the lease deposit to the Defendant and received the instant real estate from the Defendant.

B. On July 31, 2019, the Plaintiff and the Defendant agreed to cancel the instant lease agreement due to the circumstances of the Defendant, and the Plaintiff transferred the instant real estate to the Defendant on August 12, 2019, and notified the Defendant to refund the rental deposit.

C. However, the Defendant only refunded 23,000,000 won out of the above rental deposit to the Plaintiff, and did not refund the remainder of 144,000,000 won to the Plaintiff.

The Plaintiff received a loan from E for a lease on a deposit basis, and specified that the lease contract of the instant lease is a lease contract for a lease on a deposit basis. The Plaintiff paid interest on the loan due to the Defendant’s failure to perform the obligation to refund a lease deposit.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to Gap evidence 10, purport of whole pleading

2. Determination as to the claim for refund of deposit for lease

A. According to the above facts, the defendant is obligated to pay the deposit deposit of KRW 144,00,000 to the plaintiff and the delay damages therefor.

B. As to this, the defendant asserts that the plaintiff should deduct 250,000 won in unpaid management expenses for the period from April 2019 to August 2019.

The fact that the Plaintiff agreed to pay management expenses of KRW 50,000 per month in the instant lease agreement is as seen above.

However, the purport of Gap evidence No. 7 is the whole argument.

유사 판례

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-서울동부지방법원 2016.09.22 2015가합110797

-서울중앙지방법원 2014.11.13 2013가단342323

-서울중앙지방법원 2015.11.25 2015가합545451