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(영문) 서울남부지방법원 2020.06.11 2019가단270426
임대차보증금
Text

1. The Defendants: (a) from December 27, 2019 to December 27, 2019 to their respective Plaintiff; and (b) Defendant C on December 13, 2019 to their respective Plaintiff.

Reasons

1. Facts of recognition;

A. On March 11, 2016, the Plaintiff leased (hereinafter “the instant lease”) deposited KRW 20,000,000, monthly rent of KRW 1,300,000 (value-added Tax Separate), and the period of April 25, 2021, from the Defendants, the Plaintiff paid KRW 20,000,000 to the Defendants.

According to the instant lease agreement, the Plaintiff did not change the purpose or structure of the instant building without the consent of the Defendants (Article 3), and if the lease agreement is terminated, the instant building shall be restored to its original state and returned to the Defendants. In such case, the Defendants shall return the deposit to the Plaintiff, but the Defendants shall refund the overdue rent or damages, and shall refund the balance

(Article 4). (b)

The Plaintiff and the Defendants agreed to terminate the lease of this case on August 21, 2019.

On October 27, 2019, the Plaintiff kept the keys to the “E Real Estate F” F, while leaving the instant building, and notified the Defendants thereof.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3-1 and 2, the purport of the whole pleadings

2. Determination on the claim for refund of deposit

A. 1) The Plaintiff Defendants are obligated to return KRW 12,20,000,00 calculated by deducting the rent of KRW 7,800,000 in arrears for six months from April 25, 2019 (i.e., KRW 1,300,000 x six months) from the amount of the lease deposit of this case from April 25, 2019 (i.e., KRW 1,30,000) to the Plaintiff. (ii) The Plaintiff removed the toilets without the consent of the Defendants, and thus, the Plaintiff was obliged to restore the toilet to its original

Accordingly, there have been damages equivalent to the rent up to the date of not returning to the original state 5,526,950 won and the restitution to the original state.

Therefore, the deposit to be returned to the plaintiff is not remaining if the deduction is made.

B. The instant lease was terminated by the agreement between the Plaintiff and the Defendants on August 21, 2019.

Therefore, the Defendants are entitled to the instant lease deposit to each of the Plaintiff.

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