(영문) 창원지방법원 2021.01.15 2020나51973

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자간(%)

(영문) 창원지방법원 2021.01.15 2020나51973

보증금반환

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All of the defendant's appeal and the plaintiff's incidental appeal are dismissed.

Expenses arising from an appeal shall be the defendant's incidental appeal.

Reasons

1. Basic facts

A. On March 11, 2007, the Plaintiff, from the Defendant, set the lease deposit amount of KRW 180,00,000 for the lease deposit of KRW 180,00,00 for the building E on the ground, monthly rent of KRW 2,00,000 for three years from May 1, 2007 (hereinafter “the instant lease agreement”), and stipulated the following matters as special terms and conditions (hereinafter “the instant special agreement”). If an order to force the lease prior to the expiration of the lease term due to an inevitable circumstance, the Plaintiff’s order to return the deposit within one month from the date when the lessee was passed through, and deducted the monthly rent from the deposit for three months, and the lease deposit is refunded.

All facilities of a lessee shall be removed by the lessee.

B. The instant lease agreement has been legally renewed. On March 5, 2019, the Plaintiff sent a document verifying the content of the notification to the Defendant of the termination of the instant lease agreement, and upon the return of the said content, notified the Defendant of the termination of the instant lease agreement verbally.

The Plaintiff and the Defendant agreed to terminate the instant lease agreement by completing removal and restoration of the leased object by July 30, 2019.

(c)

On July 24, 2019, the Defendant paid KRW 160,000,000 to the Plaintiff out of KRW 180,000,000.

(d)

On July 28, 2019, the Plaintiff signed and sealed the “certificate of removal construction” with the purport that the removal of the leased object was completed by the Defendant, and delivered the leased object to the Defendant.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3, Eul evidence No. 8, the purport of the whole pleadings

2. According to the above findings of the determination as to the cause of the claim, the lease contract of this case was terminated, and the plaintiff delivered the leased object of this case to the defendant, and thus the defendant, barring any special circumstance, did not amount to KRW 20,000,000 and this is accordingly.

유사 판례

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