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Reasons
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(영문) 서울동부지방법원 2018.02.08 2016가단40126
보증금반환 등
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1. The Defendant’s KRW 26,628,34 as well as the Plaintiff’s KRW 5% per annum from December 30, 2016 to February 8, 2018.

Reasons

1. Facts of recognition;

A. From around 2006, the Defendant leased part of the buildings located in Seongdong-gu Seoul Metropolitan Government (hereinafter “instant store”) to the Plaintiff. On August 14, 2014, the Plaintiff and the Defendant renewed the said lease and concluded a lease contract with the period of KRW 60,000 for the lease deposit, KRW 4,400,00 for the rent (including value-added tax of KRW 400,000 for the rent), and the period of the lease from August 15, 2014 to August 15, 2019 for the lease contract.

(hereinafter “instant lease agreement”). B.

The Plaintiff occupied the instant store and entered into a premium contract with D on September 24, 2016, which covers KRW 154,000,000 for the instant store.

C. Accordingly, on October 12, 2016, the Plaintiff delivered the instant store to D, a new lessee, and the Plaintiff and D agreed to reduce the amount of the said premium to KRW 130,000,000.

Meanwhile, in relation to the conclusion of a new lease agreement, the Plaintiff, the Defendant, and D agreed to pay each of the KRW 5,000,000, and KRW 3,000,000 to the Defendant under the pretext of return flight fees, etc.

E. As of October 12, 2016, the Plaintiff failed to pay KRW 3,465,000 for the rent for January in relation to the existing lease, and the rent from August 15, 2014 to October 12, 2016 was due on May 28 (28 days for the last day from September 15, 2016 to October 12, 2016).

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 3, entry of Eul evidence 1 and 2, witness D's testimony, purport of whole pleadings]

2. Determination

A. According to the facts of the determination on the claim for the refund of the deposit, the instant lease agreement is concluded on October 12, 2016, since the Plaintiff delivered the instant store to D who is a new lessee, and thus, the Defendant is obligated to return the deposit deposit KRW 60,000,000 to the Plaintiff.

(2) According to the defendant's deduction, offset claim (A) recognition of overdue rent, the defendant's total sum of the overdue rent of KRW 29,571,66 = March 3, 196 related to the existing lease.

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