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Reasons
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(영문) 서울동부지방법원 2019.05.10 2017나30394
임대차보증금 반환 등 청구의 소
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1. The judgment of the first instance, including a counterclaim that has been reduced in this court, shall be modified as follows:

Reasons

1. Facts of recognition;

A. On July 27, 201, the Plaintiff concluded a lease contract with respect to the first floor of the Defendant and Songpa-gu Seoul Building (hereinafter “instant building”) (hereinafter “instant building”) from September 15, 201 to September 14, 201, with a lease deposit of KRW 20,000,000, monthly rent of KRW 1,500,000, and the lease term of KRW 15,000,000, monthly rent of KRW 1,000, monthly rent of KRW 1,000, and the lease term of KRW 1,00,000, and from September 15, 201 to September 14, 2013, the Plaintiff began to operate a coffee by taking over the first floor and underground floors of the instant building from Defendant around that time.

B. After that, the Plaintiff and the Defendant concluded a lease agreement with respect to the first floor of the instant building as of October 28, 2014, with the lease deposit of KRW 20,000,000, monthly rent of KRW 1,400,000, and from November 15, 2014 to May 14, 2016, with respect to the underground floors of the instant building, the lease agreement was concluded with the Plaintiff and the Defendant, setting the lease deposit of KRW 15,00,000, monthly rent of KRW 90,000, monthly rent of KRW 90,000, and from November 15, 2014 to May 14, 2016.

C. On May 14, 2016, the expiration date of each of the instant lease agreements, the Plaintiff moved out to the first floor and underground floor of the instant building without leaving part of the facilities and fixtures therein. Around January 6, 2017, the Plaintiff completed the restoration of the underground floor of the instant building to its original state. Around that time, the Plaintiff handed over the said underground floor to the Plaintiff, but the Plaintiff’s facilities and fixtures remain as they remain on the first floor of the instant building.

[Ground of recognition] Facts without dispute, Gap 1, 3, 12 through 16, 18, 19, and the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. (1) According to the fact of the above recognition of the lease deposit for the underground floor of the instant building, the Defendant is from January 7, 2017, which is the date following the delivery date, to the Plaintiff.

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