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(영문) 서울중앙지방법원 2020.12.11 2020가단5132031
보증금반환
Text

1. The defendant (Appointeds) and the appointed parties shall pay to the plaintiff KRW 4,357,530 and their amount from April 11, 2020 to December 11, 2020.

Reasons

1. Basic facts

A. On November 201, 2013, the Plaintiff leased the second floor from the Defendant husband and wife of Gangdong-gu Seoul Metropolitan Government to KRW 40,000 for deposit money, KRW 2,000 for monthly rent, KRW 180,00 for monthly management expenses, and the period from November 12, 2013 to November 11, 2014 for monthly management expenses.

B. The Plaintiff and the Defendant couple agreed to terminate the lease agreement as of November 10, 2019, but the monthly rent was increased to KRW 3,000,000 (value-added tax separate) for the period of 4-5 months during which the hospital is organized.

C. The Plaintiff left Nonparty D with the restoration work to its original state, and the construction work was completed on April 26, 2020.

The plaintiff and the defendant couple share the construction cost of 14,50,000,000 won from the defendant couple and deducted it from the lease deposit.

From December 12, 2013 to March 12, 2020, the Plaintiff paid a total of KRW 169,580,000, including management expenses.

【Ground Gap’s evidence Nos. 1 through 4, Eul’s evidence No. 2, and the purport of the whole pleadings

2. Determination

A. In the main point of both claims, the lease deposit covers all the obligations of the lessee arising from the lease until the lessor orders the object after the termination of the lease to the lessor.

Therefore, such obligations are naturally deducted from the deposit without a separate declaration of intention, unless there are special circumstances when the object is returned after the termination of the lease relationship (see, e.g., Supreme Court Decision 2016Da218874, Mar. 22, 2017). In this case, the Plaintiff is seeking the return of the lease deposit on the ground of the termination of the lease contract, and the Defendant claims the deduction of the overdue monthly rent, etc., and thus, the following is determined based on

B. On December 12, 2013, the first monthly rent and management expenses were paid on the basis that the monthly rent (including management expenses) was not specified in the monthly rent (including the monthly rent) lease agreement, and as seen earlier, the monthly rent, etc. seems to be the subsequent payment agreement.

Dor. The defendant couple delivered the building of this case on November 12, 2013, and the restoration work to its original state on November 2020.

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