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(영문) 서울중앙지방법원 2019.11.18 2019가단5090650
임대차보증금
Text

1. The Defendant’s KRW 30,534,200 as well as 6% per annum from December 1, 2018 to March 29, 2019 to the Plaintiff.

Reasons

In order to operate the hospital in Seocho-gu Seoul Metropolitan Government Building D (hereinafter “instant store”) on October 1, 2015, the Plaintiff: (a) leased the said store from the Defendant as security deposit of KRW 40 million; (b) KRW 40 million per month; (c) KRW 200,000 per month; (d) the term of lease from October 1, 2015 to 24 months (hereinafter “instant lease”); (c) the instant lease was renewed after the agreement between the Plaintiff and the Defendant; (d) the delivery of the instant store to the Defendant on the same day was terminated on November 30, 2018; or (e) the Plaintiff did not conflict between the parties, or may recognize the purport of the entire pleading in the statement in subparagraphs A and 2.

According to the above facts, the defendant is obligated to pay to the plaintiff 30,534,200 won (=4,000,000 - 924,000 - 195,000 - 30,000 - 30,000 - 30,000 - 30,000 - 30,000 - 30,000 - from December 1, 2018 to March 29, 2019, the delivery date of the original copy of the payment order of this case from March 29, 2019, the amount of 6% per annum under the Commercial Act and 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

In regard to this, the defendant argued to the effect that, although the plaintiff was obligated to restore the facilities, etc. installed for the operation of the hospital at the store of this case while operating the hospital of this case, the restoration expenses should be deducted from the deposit money under the lease contract of this case, but the plaintiff did not fulfill the obligation to restore the facilities, etc.

It is insufficient to deem that there is a cost of restoration to the original state, which should be deducted under such premise, and there is no other evidence to acknowledge it.

If so, the plaintiff's claim.

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