(영문) 부산지방법원 2020.01.10 2019나3995 | 리걸엔진

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(영문) 부산지방법원 2020.01.10 2019나3995

임대차보증금반환

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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with C on August 30, 2012, stipulating that the lease deposit amount of KRW 30 million, monthly rent of KRW 210,000,000,000, and the lease period of August 31, 2014 (hereinafter “instant lease agreement”). The instant lease agreement was renewed until August 31, 2018, and the Defendant purchased the instant commercial building from C on November 14, 2016 and succeeded to the lessor status of the instant lease agreement; the Plaintiff did not dispute between the parties to the instant lease agreement and provided evidence No. 1, No. 2,000,000,000,000,0000 won, which are owned by C; and the Plaintiff could be recognized as being paid from the Plaintiff’s entire pleadings, based on the following facts: (a) the Plaintiff purchased the instant commercial building from C on August 31, 2018.

According to the above facts, the lease contract of this case terminated upon the expiration of the period of validity.

Therefore, the defendant is obligated to pay 3 million won and delay damages for the remaining 3.2 million won after deducting the remaining 26.8 million won from the amount of the lease deposit of this case paid by the plaintiff (=30 million won - 26.8 million won) among the lease deposit of this case, unless there are special circumstances.

2. As to the judgment on the Defendant’s grounds of mutual aid, the Defendant asserts that the Defendant did not have any amount to be paid to the Plaintiff any more than the amount that the Defendant would have to pay to the Plaintiff, since the Plaintiff did not perform its obligation to restore the instant commercial building to its original state without any air conditioner, etc., and the Defendant’s input of KRW 3.2 million and restored to its original state.

In full view of the evidence of No. 1, No. 3-1, No. 5, and No. 8, the first F Agency does not have partitions, air conditioners, etc. from C.

유사 판례

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