(영문) 전주지방법원 2020.01.09 2019나3892 | 리걸엔진

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Reasons

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(영문) 전주지방법원 2020.01.09 2019나3892

보증금반환

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1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. On August 26, 2015, the Plaintiff entered into a lease agreement with the Defendant on the lease deposit of KRW 5 million, monthly rent of KRW 250,000,000, and the lease period of KRW 5 million from September 10, 2015 to September 9, 2017 (hereinafter “instant lease”). At around that time, the Plaintiff paid KRW 5 million to the Defendant the lease deposit.

B. On August 10, 2017, the Plaintiff agreed to renew the instant lease agreement with the Defendant and extend the lease period by one year until September 9, 2018, and increase the monthly rent at KRW 300,000.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. Determination as to the cause of the claim, the lease of this case terminated on September 9, 2018 on the expiration of the lease term.

Therefore, the defendant is obligated to pay to the plaintiff the deposit of this case 5 million won and damages for delay, unless there are special circumstances.

B. The Defendant’s argument 1) The summary of the Defendant’s argument is as follows: (a) the Plaintiff was not obligated to restore the store to its original state upon the termination of the lease agreement of this case; (b) the Plaintiff did not restore to its original state upon deducting KRW 9,434,00 from the deposit amount of KRW 5,00,000. Therefore, if the Plaintiff’s obligation to restore to its original state is deducted from the deposit amount of KRW 5,00,00, the amount that the Defendant is obligated to pay to the Plaintiff is not remaining. ② The Defendant is not obliged to perform the Plaintiff’s obligation to restore to its original state at least from September 9

By January 23, 2019, the instant store did not lease the said store to a third party until January 23, 2019, which led to the loss equivalent to KRW 300,000 per month, which is the rent for the instant store, during the said period.

Therefore, above.

유사 판례

-전주지방법원 2020.01.09 2019나3892

-인천지방법원 2015.01.14 2014가단3824

-서울중앙지방법원 2018.12.06 2018가합527492

-대전지방법원 2015.09.17 2015노690

-수원지방법원 2020.07.16 2019나69087