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Reasons
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(영문) 수원지방법원 2019.11.19 2019가단517820
손해배상(기)
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1. The Defendant’s KRW 6,451,025 with respect to the Plaintiff and KRW 5% per annum from May 2, 2019 to November 19, 2019.

Reasons

1. Facts of recognition;

A. On June 10, 201, the Plaintiff leased to the Defendant on June 10, 201, the deposit amount of KRW 200 million, monthly rent of KRW 2860,000, and the lease period of KRW 5,000,000.

(hereinafter referred to as “the instant lease agreement”). (b)

The instant lease agreement was terminated on June 10, 2016, and the expiration date was terminated, and the Plaintiff returned KRW 185 million remaining after deducting KRW 15 million from the lease deposit.

C. On July 18, 2018, the Defendant claimed the return of the remainder of KRW 15 million out of the deposit under Daejeon District Court Decision 2016Da68100, the court dismissed the Defendant’s claim on the following grounds: (a) on July 18, 2018, the court rendered that “the Defendant is obligated to restore to the original state in accordance with the terms and conditions of the instant lease agreement; (b) the cost of restitution is KRW 21,451,025; (c) the Plaintiff is not the remainder of the deposit to be refunded if the cost is deducted; and (d) the Defendant appealed on the part of

(hereinafter referred to as “judgment in a prior suit”). [Grounds for recognition] Gap 1, 3, 4, and Eul 1 through 3, and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the defendant did not perform his duty of reinstatement upon the expiration of the lease term under the instant lease agreement.

Therefore, from June 11, 2016 to July 2016, the Plaintiff and the new lessee E, together with E, have built a restoration work equivalent to KRW 63,03,963 on the instant building.

Therefore, the Defendant is obligated to limit the remaining KRW 15,00,000,000, which was deducted from the deposit, to the Plaintiff from KRW 63,003,963, and to pay the remainder of KRW 48,003,963, as well as damages for delay.

B. The Defendant’s assertion that the cost of restitution was borne by KRW 57,649,870 as the cost of restitution in the judgment of the previous suit was set-off, but the cost of restitution was confirmed as KRW 21,451,025 as the result of the appraisal.

The defendant shall pay from KRW 21,451,025 the deposit to the plaintiff.

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