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(영문) 서울중앙지방법원 2019.07.23 2019가단5066442
임대차보증금
Text

1. The Defendant’s KRW 31,850,00 for the Plaintiff and KRW 6% per annum from December 13, 2017 to March 4, 2019.

Reasons

1. Facts of recognition;

A. On February 24, 2010, the Plaintiff entered into a lease agreement between the lessor and the Defendant on the 71.7 square meters (including the common area; hereinafter “instant store”) of the underground floor among the buildings located in Songpa-gu Seoul Metropolitan Government (hereinafter “building”) with the Defendant (hereinafter “instant store”) with the deposit amount of KRW 40 million and KRW 3.2 million of the monthly rent.

The lease contract has been renewed several times, and on February 26, 2014, from March 1, 2014 to February 29, 2016, the lease contract was finally concluded with the effect that the lease deposit is KRW 40 million, monthly rent, and KRW 3.5 million (hereinafter “the lease contract of this case”).

B. The Plaintiff operated the PC at the instant store. On May 26, 2015, wastewater generated from the breakdown of the first floor septic tank of the building was discharged into the instant store.

(hereinafter “instant accident”). At the time, the PC server and the PC server caused damages, such as exposure to foul waste gas, etc. due to sewage, etc. coming into the stairs, ceilings, etc. of the instant store.

The Defendant concluded a contract for the collection and treatment of excreta with D Co., Ltd. on the same day to conduct the cleaning of septic tanks, which was conducted on May 27, 2015, which was entrusted to a specialized company for the removal of smell around June 11, 2015, and performed the removal of malodor in the instant store by entrusting the specialized company for the removal of smell.

Around that time, the Defendant exempted the Plaintiff from the rent for June 2015 for the instant store.

The Plaintiff also cleaned the instant store contaminated by the inflow of sewage.

C. After the instant accident, the Plaintiff closed the PC room in spite of the Defendant’s recommendation for resumption of business, did not use and make profits from the PC, and did not pay rent and management fee to the Defendant.

On November 27, 2015, the Defendant notified the Plaintiff of the absence of intention to renew the instant lease contract after February 29, 2016.

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