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(영문) 대전지방법원 2017.11.16 2016나107477
임차보증금 반환 등
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1.The judgment of the first instance, including a counterclaim raised by this Court, shall be modified as follows:

Reasons

Basic Facts

On August 4, 2014, in order to operate convenience points, the Plaintiff entered into a lease agreement with the Defendant on August 4, 2014, under an agreement with a deposit deposit of KRW 30,000,000, monthly rent of KRW 800,000, and period of lease from October 1, 2014 to October 28, 2017, with respect to the buildings listed in the attached list owned by the Defendant (hereinafter “instant building”) owned by the Defendant, which were newly constructed at the time (hereinafter “instant building”), and entered into a lease agreement with the Defendant to change the lease term from February 28, 2015 to February 28, 2018:

(hereinafter “instant lease agreement”). Indication of real estate

1. Location: Dong-gu, dong-gu, Yannam-gu;

2. Land category: Site;

3. Building (building/use): One-story residential building;

4. Area: In cases of a lease contract for the above real estate, Article 1 (Contents of the contract) of the area for exclusive use by approximately 20 square meters (88 square meters), the lessee shall pay the deposit as follows:

1. Guarantee money: 30,000,000 won;

2. Down Payment: 3,000,000 won shall be paid and received at the time of the contract.

3. Part payments: None;

4. Balance: 27,000,000 won.

5. Rent: Where a lease contract is terminated monthly, the lessee shall restore the above real estate to its original state and refund it to the lessor.

In such cases, the lessor shall return the deposit to the lessee, and if the rent in arrears or damages are paid, he/she shall restrain it and refund the balance thereof.

Article 7 (Non-performance of Obligations and Compensation for Damages) Where a lessor or lessee has defaulted on the terms and conditions of this contract, the other party may give written peremptory notice to the person who has defaulted and rescind the contract.

In addition, the contracting party may claim damages from the other party due to the cancellation of the contract.

The Plaintiff’s remainder on August 4, 2014, KRW 3,000,000, and February 4, 2015, under the instant lease agreement.

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