logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2020.10.08 2019가단122667
임차보증금반환청구
Text

The defendant shall pay to the plaintiff KRW 57,982,57 as well as 5% per annum from July 26, 2019 to October 8, 2020 and the next day.

Reasons

1. Basic facts

A. On July 1, 2018, the Plaintiff leased the lease deposit amount of KRW 100,000,000, monthly rent, KRW 3,000,000, and the lease term from the Defendant during the period from July 1, 2018 to June 30, 2019, the Plaintiff leased the lease deposit amount of KRW 300,000,000 (hereinafter “instant building”).

(hereinafter “instant lease agreement”). After completing interior works for restaurant use, the Plaintiff was engaged in restaurant business in the instant building.

B. The contents of the instant lease agreement stipulate that “Additional taxes and management fees shall be separately paid. In the event of destruction of a building, they shall be restored to its original state, and interior interior interior interior interior interior works shall not be granted to the owner of the building, and if they are not restored to its original state, the lessor shall restore to its original state as the rental deposit

C. The instant lease contract was terminated on June 30, 2019 because both the Plaintiff and the Defendant did not want to extend the term of lease.

On July 25, 2019, the Plaintiff removed from the instant building.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. Determination

A. According to the fact that the obligation to return the lease deposit was established, the Defendant is obligated to return the deposit amount of KRW 100,000,000 to the Plaintiff, barring any special circumstance.

B. The defendant's assertion 1) The defendant asserts that the defendant is merely obligated to return 31,882,577 won, which deducts the overdue rent, management fee, and damages incurred due to the failure to reinstate from the lease deposit, from the lease deposit; hereinafter the same shall apply. 2) The defendant's argument that the plaintiff is obligated to return the rent, unjust enrichment, management fee, water fee paid by the defendant for the period from January 30, 2019 to July 25, 2019, and the aggregate of the electricity charges paid by the defendant: 21,939,840 won, as shown in the evidence No. 2 and 7, taking full account of the overall purport of the arguments, the plaintiff's statement of calculation of the rent and management fee in attached Form 1, as stated in the statement of calculation of the attached rent and management fee.

arrow