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(영문) 서울동부지방법원 2018.12.12 2018나23348
임대차보증금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On February 26, 2011, the Plaintiff entered into a contract with the Defendant to lease the two floors among the buildings located in Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City (hereinafter “instant store”) owned by the Defendant (hereinafter “instant lease contract”) with the Plaintiff at KRW 80,00,000, monthly rent of KRW 820,000 (including management expenses) and the period from March 13, 2011 to KRW 1 year (hereinafter “the instant lease contract”).

B. On March 1, 2011, the Plaintiff entered into a contract with E to take over the entire business of “D pharmacy” from E, and operated a pharmacy with the name of “D pharmacy” from March 13, 2011 at the instant store from March 13, 201.

C. The instant lease agreement was explicitly renewed, and the Plaintiff requested the Defendant to terminate the instant lease agreement several times from June 12, 2016 to July 14, 2016.

On July 14, 2016, the defendant discussed that the plaintiff will return the deposit to the plaintiff on July 26, 2016, and that the defendant will acquire equipment, such as air conditioners, in the instant store.

The Plaintiff delivered the instant store to the Defendant on July 24, 2016, and demanded premium, etc. for the instant store on or around July 25, 2016, and became disputed with the Defendant. The Defendant sent to the Plaintiff the word “I would not have any fM s. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n.

E. The Plaintiff did not pay to the Defendant the rent from July 13, 2016, and the Defendant returned KRW 7,350,130 out of the deposit amount of KRW 80,000,00 to the Plaintiff on September 13, 2016.

F. Meanwhile, the Plaintiff did not pay the electricity fee to the Defendant from July 23, 2016, and the electricity fee imposed on the instant store from July 23, 2016 to August 22, 2016 is KRW 9,870.

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