(영문) 인천지방법원부천지원 2016.05.25 2015가단109715

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(영문) 인천지방법원부천지원 2016.05.25 2015가단109715

전세보증금반환 등

Text

1. The defendant shall deliver the building stated in the attached list from the plaintiff to the plaintiff, at the same time, KRW 31,60,000 to the plaintiff.

Reasons

1. Facts of recognition;

A. On October 8, 2013, the Plaintiff entered into a lease agreement with the Defendant under which the building indicated in the separate sheet (hereinafter “instant store”) from the Defendant was leased KRW 35 million, KRW 1700,000 per month (payment on October 10, 2013), and the period from October 10, 2013 to October 10, 2015 (hereinafter “instant lease agreement”), and paid the full amount of the deposit to the Defendant around that time.

B. At the time, C, a lessee of the instant store, operated a restaurant under the trade name of “D”. However, the Plaintiff, who concluded the instant lease agreement with C, operated a restaurant under the trade name of “E” following the conclusion of the instant lease agreement.

C. On April 2015, the Plaintiff and the Defendant agreed to terminate the lease contract at the expiration of the term without renewal of the lease contract.

The Plaintiff did not pay KRW 3,40,000,000,000 for two-month rent from October 10, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 3 and 5 (including abnormal numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Part of the claim for refund of lease deposit

A. According to the above facts, the instant lease contract was terminated on October 10, 2015, and thus, the Defendant is obligated to pay KRW 31.6 million to the Plaintiff as the Plaintiff seeks to deduct the unpaid rent of KRW 35 million from KRW 35 million and KRW 3.4 million from the unpaid rent of KRW 35 million.

B. As to this, the defendant shall raise a defense of simultaneous performance.

According to the purport of the entire images and arguments in the evidence Nos. 3 and 5, the Plaintiff expressed his/her intention to suspend restaurant business before the expiration of the term of the instant lease agreement and deliver the instant store to the Defendant, but it can be acknowledged that the Plaintiff occupies the instant store without installing various business facilities, etc. until the closing date of the argument in the instant lease agreement.

The return of leased objects and the deposit for lease.

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