(영문) 서울남부지방법원 2018.01.11 2016나54624

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(영문) 서울남부지방법원 2018.01.11 2016나54624

상가인도 등

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1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 24,640,587 as well as to the plaintiff on June 2015.

Reasons

1. The reasons why this Court shall explain this part of the facts of recognition are as stated in the reasoning of the judgment of the court of first instance, except where the second part of the judgment of the court of first instance "No. 226" is "No. 266" as "No. 266," and therefore, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The assertion and judgment

A. According to Article 5(4) of the instant lease agreement as to the cause of the claim, the Plaintiff may terminate the contract if the rent and management fee were overdue for at least three months, and the Defendant did not fully pay rent, management fee, etc. after the lease from the lessee C on February 4, 2014. As seen earlier, the instant lease agreement was lawfully terminated on May 13, 2015 by delivering a copy of the written complaint containing the Plaintiff’s expression of intent to terminate the lease.

I would like to say.

Therefore, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the remainder of KRW 33,640,000,000,000,000 for lease deposit to be returned to the Defendant from KRW 83,640,00 to May 31, 2015, after deducting the amount of unpaid rent or the amount of unjust enrichment and management fee equivalent to the unpaid rent (hereinafter “unpaid rent, etc.”), KRW 3,878,523, and overdue charge; and KRW 16,00,000,000 for rent reduction under Article 8(3) of the lease contract of this case; and KRW 16,00,000,000 for restitution; and KRW 5,00,000 for lease deposit to be returned by the Defendant.

B. First of all, the defendant's argument 1) is in a state where the plaintiff filed an application for commencing rehabilitation procedures due to a sudden aggravation of property status and the defendant and other lessees including the defendant failed to present specific measures to guarantee the return of the lease deposit, and the defendant may refuse to pay the rent, management fee, etc. pursuant to the right of defense (Article 536 (2) of the Civil Act) or the principle of good faith (Article 2 (1) of the Civil Act). Thus, the plaintiff's late

참조조문

-민법 제2조 제1항

-민법 제536조 제2항

-민사소송법 제420조

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