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(영문) 서울남부지방법원 2020.01.16 2019나52810
보증금반환
Text

1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. Facts of recognition;

A. On April 26, 2017, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant and Geumcheon-gu Seoul Metropolitan Government (hereinafter “instant building”) by setting the lease deposit of KRW 14,000,000, monthly rent of KRW 1,400,000, and the period from May 2, 2017 to April 30, 2018, and paid KRW 14,000,000 as the lease deposit.

B. On December 7, 2017, the Plaintiff removed the instant building from the instant building, and on April 30, 2018, delivered the instant building to the Defendant.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the instant lease agreement was terminated on April 30, 2018, and thus, the Defendant is obligated to pay the Plaintiff KRW 14,000,000 as lease deposit and delay damages therefrom, barring any special circumstance.

3. Judgment on the defendant's defenses

A. The defendant's assertion Nos. 1,50,00 of the deductible amount for the inspection and repair of the 1,00 air conditioners, 850,000 of the 2nd wall white paint equipment 850,000 of the 350,000 plastic film circulation expenses, 50,000 of the 4 door-to-door LED, etc. for the restoration of 550,000 or 500,000 or more of 60,000,000 or more of 60,000,000 or more of the 60,000,000 or more of the 6,00,000,000 or more of the 30,000,00 or more of the 4-to-60,000,000 or more of the 94,000,00 of the 9-to-4,000,00.

In addition, since the Plaintiff damaged the instant building and did not seek a subsequent lessee, the damages incurred by the failure (i.e., KRW 8,400,000 for six months) are also KRW 2,316,420 for management expenses for the rent of KRW 8,400 for six months.

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