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(영문) 서울서부지방법원 2020.01.15 2019가단219031
보증금반환
Text

1. The Defendant: (a) against Plaintiff A, KRW 54,976,288; and (b) KRW 50,000,000 to Plaintiff B; and (c) against each said money, on October 1, 2019.

Reasons

1. Basic facts: Plaintiff A G G 100 million won (after each month 30,000 won) late 18% company Hho 50 million won (after each month) on the monthly rent of the lease deposit for the leased object of the lessee;

A. On September 1, 2016, the Plaintiffs: (a) divided Eunpyeong-gu Seoul E and Fho (hereinafter “instant store”) owned by the Defendant that the Defendant, a representative of the Plaintiff Company, leased and used from the Defendant; and (b) concluded a lease agreement (hereinafter “instant lease agreement”) with the following terms, stipulating each lease period by August 4, 2018 by G and H (hereinafter “instant lease agreement”).

B. The Plaintiffs, while operating a real estate brokerage office with the trade name “I” at the instant store, closed the business on April 26, 2019 and moved the place of business.

[Reasons for Recognition] Facts without dispute, entries or videos of Gap evidence 1, 2, and 5 (including virtual numbers) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiffs’ assertion: (a) the Plaintiffs agreed with the Defendant on July 19, 2018 to terminate the lease on August 4, 2018, which is the date when the contract expires; (b) however, the Plaintiffs failed to receive the refund of the lease deposit, and subsequently used the instant store inevitably due to the exercise of the simultaneous performance defense right, and terminated the business on April 26, 2019; and (c) delivered the said store to the Defendant by indicating the entrance password in the preparatory document dated September 27, 2019.

Upon the termination of the above lease, the Defendant is obligated to pay the Plaintiff A the amount of 60,983,000 won remaining after deducting the amount of 39,017,000 won for the rent of the Plaintiff from KRW 100,000 to April 26, 2019, calculated at the rate of KRW 400,000 for the adequate rent of KRW 10,000 from August 5, 2018 to April 26, 2019, as well as the amount of 50,000 won for the lease deposit with the Plaintiff Company, and the damages for delay from April 27, 2019 to the date of full payment.

B. Defendant’s assertion: The Defendant did not have agreed on the termination of the lease as alleged by the Plaintiffs, and the instant lease agreement was automatically renewed under the same conditions as the previous agreement pursuant to Article 4 of the terms of the contract, and the copy of the complaint of this case was served.

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