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Reasons
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(영문) 의정부지방법원고양지원 2016.05.13 2015가단82460
임대차보증금
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1. The Defendant’s KRW 28,396,667 as well as the Plaintiff’s KRW 6% per annum from June 6, 2015 to May 13, 2016, and the following.

Reasons

1. Basic facts

A. On April 11, 2011, the Plaintiff is “the instant commercial building from the Defendant”, “Yyang-gu, Busan Metropolitan City, No. 146 dong 107 et al.”, and “the instant commercial building.”

(2) On April 30, 2011, the Plaintiff: (a) made a lease contract from April 30, 201 to April 29, 2013, with a lease deposit of KRW 30 million; (b) paid to the Defendant a deposit of KRW 30 million; and (c) made use of and benefit from the said commercial building as the real estate brokerage office from around that time. (b) The Plaintiff paid KRW 1.5 million monthly rent to the Defendant from May 201 to October 201; and (d) paid KRW 1.3 million monthly rent from November 201 to April 29, 2015 to April 29, 2015; and (e) paid KRW 1.3 million each of the instant lease contracts to the Plaintiff, without a dispute as to the Plaintiff’s evidence of KRW 1,300,000,000,000,000 per month; and (e) the Plaintiff had no ground for dispute over the instant lease contract to the Plaintiff.

2. Summary of the parties' arguments;

A. The Plaintiff and the Defendant agreed to pay the actual rent of KRW 1.5 million each month for the first time ( regardless of the rent of KRW 1.8 million under the lease agreement) and to pay KRW 1.3 million each month from November 201.

Therefore, the Plaintiff paid the full amount of the fee agreed to the Defendant.

On the other hand, since the lease contract of this case is terminated and the plaintiff delivered the commercial building of this case to the defendant, the defendant is obligated to pay the lease deposit amount of KRW 30 million and delay damages to the plaintiff.

B. In light of the Plaintiff’s circumstances, only the fact that the rent up to October 201 was temporarily reduced to KRW 1.5 million per month. As such, the Plaintiff paid only KRW 1.3 million per month to the Defendant from November 2011, even though the Plaintiff was obligated to pay 1.8 million under the contract.

The defendant is obligated to pay only the remaining security deposit after deducting the rental fee not received from the plaintiff, 30 million won.

3. Determination A.

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