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(영문) 서울북부지방법원 2020.01.21 2019가단133414
원상회복비용 등
Text

1. The Defendant’s KRW 8,592,063 as well as the Plaintiff’s annual rate of KRW 5% from November 7, 2019 to January 21, 2020.

Reasons

1. The following facts may be found in each entry in Gap evidence 2 to 5 (including additional numbers) by integrating the whole purport of the pleadings:

The defendant has operated convenience stores with the trade name of "E Convenience Points" by leasing the first floor of the building located in Seoul Jung-gu D from the plaintiff.

The details of a lease agreement between the Plaintiff and the Defendant are as follows.

The lease deposit (00,000,000 won) monthly rent of 1.3 million won (1.1- January 1, 2008) monthly rent of 1.3 million won (1.1- January 1, 201) in October 201 when monthly rent of 1.3 million won (1.1- January 1, 201) is terminated on December 19, 2005, the lease deposit (1.30,000; 1.4 million won in June 30, 201; 190 on June 30, 201; 190 on June 30, 201; 190 on July 30, 2016; 200,000 if the lease contract is separately imposed on July 14, 2016, the lease contract shall be returned to the original state.

B. On May 28, 2018, before the expiration of the lease term under the said three-dimensional lease agreement, the Plaintiff notified the Defendant of his/her refusal to renew the said lease by content-certified mail, and the said content-certified mail reached the Defendant on May 29, 2018.

C. The Plaintiff deposited 33,383,280 won (the remainder after deducting the above KRW 16,616,720 from the deposit money) with the Defendant as the principal deposit on June 26, 2019, the Plaintiff deposited 33,383,280 won (the remainder after deducting the above KRW 16,616,720 from the deposit money).

On September 3, 2019, the Defendant delivered the leased object to the Plaintiff.

2. The Plaintiff asserted that ① from June 15, 2019 to September 3, 2019 (the delivery date of leased object), after the termination of the lease relationship, the Plaintiff’s unjust enrichment of KRW 6,453,33,00 per month (the value-added tax of KRW 220,000,000), based on the Defendant’s share of KRW 2,453,333,00 per month (the delivery date of leased object), was incurred, and ② even after the termination of the lease relationship, the Plaintiff breached the duty to restore, thereby having breached the duty to restore, totaling KRW 2,138,730 [the Plaintiff’s total restitution cost] of KRW 1,131,130 (the electrical installation cost.

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