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(영문) 서울북부지방법원 2017.10.24 2016가단33957
임차보증금
Text

1. The Defendant shall pay to the Plaintiff KRW 28,401,50 and the interest rate of KRW 15% per annum from October 5, 2016 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On June 22, 201, the Plaintiff concluded a lease agreement between the Defendant and Seongbuk-gu Seoul building Nos. 303-1, 303-2, and 304-2 (hereinafter “instant building”) with respect to the third floor of the building B in Seongbuk-gu (hereinafter “instant building”), and paid the lease deposit to the Defendant, while entering into a lease agreement with the Defendant for the rent of KRW 50,000,000, monthly rent of KRW 3,300,000, and the lease term from July 1, 201 to June 30, 2014, the Plaintiff paid the lessee’s name C (hereinafter “instant lease agreement”); and the Defendant for the lease deposit.

On January 2014, the Plaintiff entered into a lease agreement with the Defendant on June 30, 2014 by setting the name of the lessee to the name of the Plaintiff or the lease period as the end of June 30, 2014. On June 2014, the Plaintiff increased the lease deposit to KRW 54,50,000, and KRW 3,955,60 as the monthly rent by extending the lease agreement with the Defendant.

B. Around March 10, 2016, the Defendant notified the Plaintiff that he/she would terminate the instant lease agreement and would not conclude the instant lease agreement. The Plaintiff delivered the instant building to the Defendant on or around September 13, 2016, and the Plaintiff did not pay the rent from September 1, 2016.

C. The Defendant paid KRW 5,500,000 to the Plaintiff as the advance payment for termination of the instant lease agreement, and paid KRW 18,884,400 as the name of return of deposit for lease around September 20, 2016.

On the other hand, the building of this case was used as a medical care center prior to the lease contract of this case, and no facility installed separately by the plaintiff while operating the medical care center in the building of this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, Eul evidence No. 3 (including provisional number; hereinafter the same shall apply), witness D's partial testimony, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, since the lease contract of this case terminated upon the expiration of the period, and the plaintiff delivered the building of this case to the defendant, the defendant 28,401,500 won of the remainder lease deposit after deducting advance payment and rent from the plaintiff 28,401,50,000.

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