(영문) 서울중앙지방법원 2018.01.12 2017가합502823

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(영문) 서울중앙지방법원 2018.01.12 2017가합502823

임대차보증금반환 등 청구의 소

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The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

A. The Plaintiff is a company established mainly for the business of a general teaching institute with C as an internal director. The Defendant is Seocho-gu Seoul Metropolitan Government D 168.1 square meters and its ground buildings (hereinafter “instant building”).

2) E Co., Ltd. (hereinafter “E”) is a company that constructed the instant building.

B. On July 21, 2016, prior to the Plaintiff’s establishment, C entered into a lease agreement with the Defendant on the lease deposit amounting to KRW 120,00,000 for the instant building; KRW 11,000 for the rent; and KRW 18,000 for the lease term, March 31, 2018, which is 18 months from the date of delivery; and C entered into a contract with the Defendant on the date of the contract; KRW 12,000 for the intermediate payment; KRW 60,000 for the intermediate payment; KRW 48,00,000 for the remainder payment; and the Defendant agreed to deliver the instant building to C by September 19, 2016; and all the remainder payment for each intermediate payment under the lease agreement.

3) After the establishment of the Plaintiff, around September 2016, the lease deposit, rent, and lease term stipulated in the previous lease agreement concluded between the Defendant and C as well as the Defendant are, and the delivery date shall be changed from September 19, 2016 to October 1, 2016 (hereinafter “instant lease agreement”).

B At the time of the conclusion of the contract, the date of the contract was prepared retrospectively on July 21, 2016 after the previous lease contract was concluded.

The terms and conditions of the instant lease agreement are as follows.

1. In cases of directors, the restoration to the original state in a state without partitions, remote area, hosting, floor damage, interior, interior, etc., the restoration to the original state as at the time of completion, and the Corporation shall be the lessor designated as the lessor and the deposit shall be returned after deducting the deposit;

The attachment of a signboard, wall, street sign, or a window shall be consulted.

4. An explanation prior to the expiration of the term of the contract for rent and late payment.

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