(영문) 의정부지방법원고양지원 2019.08.22 2019가단81724

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원고양지원 2019.08.22 2019가단81724

임대차보증금

Text

1. The Defendant’s KRW 50,000,000 as well as the Plaintiff’s annual rate from March 22, 2019 to August 22, 2019, and the following.

Reasons

1. Basic facts

A. The Plaintiff, a lessee, entered into a lease agreement with the Defendant, a lessor, to whom the lease term was from March 22, 2017 to March 21, 2019, and to which the lease deposit was KRW 50 million (hereinafter “instant lease agreement”).

B. On October 29, 2018, the Plaintiff notified the Defendant of his intention not to extend the instant lease agreement.

C. On October 15, 2018, the Plaintiff concluded a commercial loan agreement with Nonparty E to pay the remainder of KRW 4 million on April 15, 2019 (hereinafter “instant sub-lease agreement”) with Nonparty E to pay KRW 50,000,000 from April 20, 2019 to December 30, 2019, the sub-lease deposit amount of KRW 10,000,000,000 as the contract deposit, and the remainder of KRW 4 million to be paid on April 20, 2019 (hereinafter “instant sub-lease agreement”).

However, due to the delay in the payment of the lease deposit amount of KRW 50 million, the Defendant was confiscated the said down payment amount of KRW 2 million because it was impossible for the Defendant to pay the intermediate payment of the instant sub-lease contract.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination

A. According to the facts of the above recognition of the part of the claim for the return of lease deposit, the instant lease agreement was terminated on March 21, 2019, and thus, the Defendant is obligated to refund the lease deposit amount of KRW 50 million to the Plaintiff and the damages for delay incurred from March 22, 2019.

B. The Plaintiff asserts that the part of the claim for damages of KRW 2 million is that the Defendant should compensate the Plaintiff for the damages, since the Plaintiff was unable to pay the intermediate payment of the sub-lease of this case due to the Defendant’s nonperformance of the obligation to refund the lease deposit at the end of the instant lease agreement, the Plaintiff suffered damages of KRW 2 million as down payment.

However, the plaintiff asserts.

유사 판례

-서울동부지방법원 2014.03.28 2013가합15164

-대구지방법원 2021.04.22 2020가합203880

-수원지방법원 2016.11.24 2015가합71927

-부산지방법원 2014.11.28 2014가단209087

-인천지방법원 2015.06.26 2015가단206637