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Reasons
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(영문) 전주지방법원 2017.01.25 2015가단37292
임대차보증금
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1. The Defendant’s KRW 23,295,00 and the Plaintiff’s annual rate of KRW 5% from May 1, 2015 to January 25, 2017, and the following.

Reasons

1. Basic facts

A. On March 1, 2011, the Plaintiff leased the total amount of reinforced concrete and lux and two-story childcare facilities (child-care centers) located in Jeonjin-gu, Jeondong-gu, Seoul (hereinafter “instant building”) (hereinafter “instant building”) from the Defendant on a deposit of KRW 30 million, monthly rent of KRW 1.5 million, and the lease period from March 1, 201 to February 28, 2014.

After July 201, the plaintiff and the defendant changed the above contents of the contract (hereinafter referred to as "the instant lease contract") with the deposit deposit of KRW 80 million, monthly rent of KRW 2 million, and around that time, the plaintiff paid the defendant a deposit of KRW 80 million.

B. Three contracts entered into in relation to the instant lease agreement are as follows. The main contents of each contract are as follows.

1) Date non-contract (Evidence A 1 - Deposit of KRW 80 million, KRW 2 million per month of rent, and period of lease from March 1, 2011 to February 28, 2014 - Special Agreement:

2. Where an administrative measure is taken by the museum, all of the key money shall not be returned.

2) Written contract dated March 10, 2012 (Evidence B 2 - Deposit 80 million won, and no rent item are written, and the lease period from February 28, 2011 to 36 months - Special Agreement

2. When the Government is subject to administrative measures by the Government, all the deposits shall not be returned;

-special agreement

3. 50,000 won per month for the improvement and repair of building and land.

3) A contract dated March 1, 2014 (Evidence B 3- Certificate - KRW 80 million per deposit, KRW 2 million per month of rent, and the term of lease from March 1, 2014 to the change of representative. Special provisions shall be linked to the previous contract.

C. In addition to the KRW 80 million stated in the foregoing paragraph (a), the Plaintiff paid the Defendant a total of KRW 50 million on June 28, 2013, KRW 10 million on July 1, 2013, KRW 10 million on July 1, 2013, KRW 60 million on July 15, 2013, KRW 60 million on July 16, 2013, and KRW 50 million on February 6, 2014.

The instant lease agreement was terminated on April 2015, and the Plaintiff, on the temporary basis, delivered the instant building to the Defendant.

E. The rent that the Plaintiff failed to pay by April 2015 is 50.

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