(영문) 대구지방법원 2018.10.31 2018나305435

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(영문) 대구지방법원 2018.10.31 2018나305435

임대차보증금

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1. All appeals by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendant.

purport, purport, and.

Reasons

1. Basic facts

A. On November 6, 2014, the Plaintiffs entered into a lease agreement with the Defendant to lease 30,000,000 square meters remaining 128 square meters (hereinafter “instant store”) on the first floor of the building listed in the attached Table (hereinafter “instant lease agreement”) with the term from December 20, 2014 to December 19, 2016, and paid the Defendant a lease deposit amount of KRW 30,70,000,000 on November 16, 2016.

B. At the time of the conclusion of the instant lease agreement, the Plaintiffs and the Defendant agreed to pay 10% overdue charge in the event that the Plaintiffs and the Defendant were in arrears for more than two vehicles.

C. On February 7, 2017, the Plaintiffs notified the Defendant of the termination of the instant lease agreement.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the instant lease agreement is deemed terminated from February 7, 2017 to May 7, 2017, which was the date of the notification of termination of the contract by the Plaintiffs (Article 10(5) of the Commercial Building Lease Protection Act). Meanwhile, the Plaintiffs are clearly stated in the application for change of the purport of the claim and the cause of the claim filed by the Plaintiffs as KRW 141,66, while it is apparent that the application for change of the purport of the claim and the cause of the claim, which were submitted by the Plaintiffs from February 7, 2017 to May 7, 2017, were written to the Defendant for four months from January 20, 2017 to May 19, 2017.

Inasmuch as the Defendant is a person who has not paid the unpaid rent, the Defendant is obligated to pay the Plaintiffs the lease deposit amount of KRW 30,000,000 under the instant lease agreement - the unpaid rent and late payment charge of KRW 6,941,65) and damages for delay, barring special circumstances.

3. Judgment on the defendant's defense

A. Mutual aid defenses due to nonperformance of the duty to deliver the store of this case and the duty to report business closure.

참조조문

-상가건물 임대차보호법 제10조 제5항

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